What Is The Difference Between Guardianships And Conservatorships In Massachusetts?
A vulnerable adult may not be in a position to manage his or her own affairs. In Massachusetts, adult guardianships and adult conservatorships may be required for an older adult or other vulnerable person who is incapacitated. At Fisher Law LLC, we want to make sure that you understand the difference. Here, our Boston elder law attorney explains the differences between guardianships and conservatorships in Massachusetts.
An Adult Guardianship Grants Authority Over Personal and Medical Decisions
Under Massachusetts law, a guardianship concerns the care and personal decision-making authority for an incapacitated person. The Massachusetts Uniform Probate Code allows a court to appoint a guardian when a person lacks the capacity to make or communicate responsible decisions concerning personal needs. Personal needs include matters such as health care, housing, nutrition, safety, and daily living. Notably, a guardian acts as a fiduciary and must exercise authority in the best interests of the incapacitated person. The court may grant either limited or full guardianship depending on the extent of the incapacity. Limited guardianship remains the preferred option when the vulnerable person retains the ability to make certain decisions independently. In that situation, the court will tailor the guardian’s authority to specific areas of need.
An Adult Conservatorship Governs Financial and Property Management
A conservatorship addresses a different category of authority. Instead of personal care decisions, a conservator manages the financial affairs and property of a person who cannot responsibly manage those matters independently. Massachusetts law allows the court to appoint a conservator when the person is unable to manage property and financial affairs because of impairment, illness, or another disabling condition. Notably, the conservator gains authority over financial resources, bank accounts, investments, and other property interests belonging to the protected person. The authority often includes the ability to pay bills, collect income, manage investment accounts, and protect the value of real property.
The Same Person May Serve as Both Guardian and Conservator (But Not Required)
Although guardianship and conservatorship involve distinct forms of authority, the same person may serve in both roles when the circumstances require it. A court may appoint a guardian to manage personal care decisions and a conservator to manage financial affairs for the same incapacitated person. In some cases, the court appoints the same person to fulfill both responsibilities. Though, it certainly does not have to be the same person. Further, a Massachusetts court will evaluate each role separately. The appointment requires clear and convincing evidence that the person lacks the ability to make decisions in the relevant area.
Speak to a Boston Elder Law Attorney Today
At Fisher Law LLC, our Boston elder law attorney is standing by, ready to protect your rights and help you find the best path forward. If you have any questions about adult guardianships or adult conservatorships, please do not hesitate to contact us today for a completely confidential consultation. We provide elder law services throughout the Greater Boston area.
