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Does MA law let me appoint my own Guardian?

Is there some way under Massachusetts law for me to decide who will be appointed as my guardian if I ever need one? Can I at least have a say and declare who I do not want to be my guardian? I don't like the idea that some judge I have never met might make that decision for me. Thank you.

Editor's Response

Yes there is.  Under the recently amended probate code of Massachusetts:

 A principal may nominate, by a durable power of attorney, the conservator, or guardian of the person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced.  A principal may in a nomination of a conservator or guardian request that sureties on any bond of a conservator or guardian be waived.  The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.  (See Massachusetts General Laws Chapter 190B, Section 5-503).

Note that the law now recognizes a distinction between a conservator (sort of a guardian of the principal's money and assets) and a guardian (who makes decisions about the principal's non-financial matters).  You can nominate just one person for both rolls.  This is yet another reason why a well thought out estate plan, including a power of attorney, is so important.  For more information or to post a question, visit our Massachusetts Estate Planning Discussion Forum.

 

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