Submitted by NThomas on Sat, 02/26/2011 - 08:33
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I have a question about conservatorship under Massachusetts law. I'm working with my mother to set up a guardianship for her because I know, and she is beginning to see, that she should not be handling all of her money on her own. She has a fairly large net worth with such things as her house, investments, accounts, etc. My question is whether it's possible to get permission from the court to leave some matters in her hands so that she may object less to the conservatorship idea and let me help her?
Limited Conservatorship
Massachusetts changed the law on Guardianship so that now any financial issues involving greater than $5,000.00 in assets requires the filing of an action for conservatorship. There are limited conservatorships and limited guardianships under Massachusetts law. An easier route than Conservatorship would be a Power of Attorney naming you as your mother's Attorney-in-Fact. This would give you the right to handle her affairs and the two of you could work together to determine what ecxactly you are going to handle. If your mother is no longer competent enough to execute a Power of Attorney, than you would need to file with the Court. Conservatorship addresses financial matters whereas Guardianship address personal care (medical decisions, where she lives, etc.). I would be happy to meet with you for an initial consultation if you wish. Please visit my website berid-schutzbank.com for my contact information.
Disclaimer: The above does not constitute legal advice nor does it establish an attorney-client relationship between the author of the original post and Attorney Schutzbank. It is intended for informational purposes only.
Limited Guardianship or Conservatorship
Attorney Schutzbank is correct, both about limited guardianships and conservatorships and about the possibility of using a durable power of attorney. Regarding the concept of a limited guardianship or conservatorship, readers can review Massachusetts General Laws Chapter 190B, Section 5-306. The new Probate Code emphasizes that the court should not confer any more power or authority over the ward than is necessary.