Submitted by Anonymous on Sun, 02/06/2011 - 08:21
Posted in
My sister and I are worried about our great aunt because she's been slowing down over the last few years and seems to be having trouble with her personal care and with her finances. She doesn't have a lot of money but she recently has been doing odd things like writing checks to charities (which she can't afford) and sending checks to the wrong address when she tries to pay her own bills. So, first, I'm not sure if I should be thinking about getting one of us appointed as a conservator or a guardian. Also, I'm wondering if my sister or I are qualified under the law in MA to be her conservator or guardian. Thank you.
who can be guardian or conservator
First, follow this link for a discussion of the differences between a conservator and a guardian under Massachusetts law. The Uniform Probate Code, adopted recently by Massachusetts (General Laws Chapter 190B), states simply: "Any qualified person may be appointed guardian of an incapacitated person." Similarly, when discussing who may be a conservator, the UPC states, among other options: "any person deemed appropriate by the court." So, yes, it is possible that a court would appoint you or your sister as guardian or conservator for your aunt.
I encourage you to talk to a Massachusetts elder law attorney before taking any action regarding your aunt. She will be able to explain your options for caring for your aunt (including some that fall short of guardianship or conservatorship), and also explain what your responsibilities will be if you decide you need to move forward with a petition for guardianship. Good luck.