Tansley | Halloran

Guardianships

Guardianship of a Minor

Guardianships may be necessary for a child when the parents are absent or unable to provide appropriate and safe care of a child. In these types of cases, another family member or third party may petition the court to be appointed as the child’s guardian.  The Probate and Family Court will determine whether the appointment of a guardian is in the best interest of the child. If the parents are not in agreement, the petitioner is required to establish that the parent(s) are unfit.  A determination of parental unfitness is a serious consideration by the court, which weighs a number of factors established by both statue and precedent and balances those factors against a parent’s fundamental constitutional right to parent their child.

Guardianship of Incapacitated Person

Guardians may also be appointed for an incapacitated adult.  In the event of a physical or mental diagnosis, or advanced age, that precludes an individual from making decisions about their day-to-day care. A guardian may be appointed to make decisions regarding financial, medical and personal care.  

Contact the experienced attorneys at Tansley | Halloran for guardianship matters in Worcester County and throughout Massachusetts.