Skip to main content

Who can be appointed conservator in Massachusetts?

My sister is my mother's healthcare agent under her healthcare proxy. Is there any law in Massachusetts that would prevent her from also being my mother's conservator or guardian if she eventually needs one? We think that would be the best way to go just having one person do both things. Thank you.

Conservator in MA

No.  Under the Massachusetts Uniform Probate Code, (General Laws Chapter 190B), "any person deemed appropriate by the court" may be appointed as conservator.  There is no law prohibiting one person frombeing both a conservator and healthcare agent in MA.  You should also be aware that, with proper esstate planning, including the execution of a durable power of attorney, the issue of guardianship or conservatorship need never come up.  whoever is the attorney in fact, under the power of attorney, can make any decisions within the scope of power granted by the document. Also, in situations where an incapcitated person ends up with both a guardian and a healthcare agent, the healthcare agent's decisions regarding healtcare take precedence over the wishes of the guardian.  Hope that helps.

Talk to a Lawyer Today
Find an Elder Attorney in your County
Most offer FREE Consultations