Fedele and Murray, P.C.

17 Walpole Street, Norwood, MA 02062-3318 - (781) 551-5900

Guardianships and Conservatorships

A guardianship or conservatorship may be necessary when an individual is no longer competent to manage his or her own affairs. In such a case, the appropriate petition must be filed with the Probate Court seeking to have either a guardian or conservator appointed for the incompetent person (the "ward"). Generally, a guardianship is filed for minors, mentally ill persons and spendthrifts, whereas a conservatorship is filed for persons who because of advanced age, mental weakness or physical disability cannot handle their affairs and for mentally retarded persons.

The procedure to secure the appointment of a Guardian or Conservator is similar to that involved in probating a decedent's estate. There are additional requirements, however, including the need to obtain a certificate from the ward's attending physician attesting to the fact that the ward is not able to manage his or her own affairs.

Once appointed, the Guardian or Conservator has the legal authority to take charge of the ward's affairs. The Guardian or Conservator must initially file an Inventory with the Court listing all of the ward's assets and thereafter file annual accountings with the Court showing what has been done with those assets, reporting all income received, expenses paid, etc. 

Fedele and Murray, P.C. can assist in the preparation of the necessary paperwork to commence these types of proceedings as well as the paperwork and other documentation involved in the on-going administration of the ward's assets. Members of the firm also personally serve as Guardians and/or Conservators.

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