Know The Alternatives To An Adult Guardianship In Massachusetts

An adult guardianship puts a trusted person in charge of managing the affairs of a vulnerable person. However, Massachusetts law only allows for adult guardianship when it is truly necessary. The Commonwealth strongly favors less restrictive alternatives. Here, our Boston adult guardianship attorney provides an overview of the alternative options in Massachusetts. 

An Overview of Alternatives to an Adult Guardianship in Massachusetts 

Informal Help and Supported Decision-Making 

First and foremost, Massachusetts law recognizes that there are many vulnerable adults that can still manage their own affairs as long as they have some support. Informal assistance from trusted family members or advisors often addresses practical needs, including bill payment, appointment scheduling, and communication with providers.

Notably, the Commonwealth allows for “supported decision-making” agreements in order to build a more formal structure for that informal help. Still, the vulnerable individual retains full legal authority. Supporters help gather information, explain options, and communicate decisions. They do not make final decisions on behalf of a vulnerable person. 

Health Care Proxies/Advance Directives 

A health care proxy under Massachusetts law (G.L. c. 201D) allows an adult to appoint an agent to make medical decisions upon incapacity. In order to be legally valid, the principal must have capacity at execution. Once activated by a physician’s determination of incapacity, the agent has authority to consent to or refuse treatment consistent with the principal’s wishes. The document can include specific instructions regarding end-of-life care and other medical preferences. A valid health proxy can help to ensure that medical decision-making needs are handled. 

Durable Power of Attorney (for Financial Affairs) 

For financial needs, a power of attorney (POA) is an effective tool for many people. A POA can be put in place even without a full finding of legal incapacity. A durable power of attorney permits an agent to manage financial and legal matters without court supervision. Massachusetts law recognizes durability if the document states that the agent’s authority continues despite the principal’s incapacity. Among other things, an agent may handle banking, real estate transactions, tax matters, and contract negotiations. 

Trusts 

Revocable and irrevocable trusts can also sometimes be effective tools to avoid the need for an adult guardianship. A funded trust allows for effective management of property without a court appointment. The trustee owes fiduciary duties and must act in the best interests of the beneficiary. 

Note: For income streams such as Social Security, a representative payee can be appointed through the Social Security Administration (SSA) to receive and manage benefits. 

Limited Guardianship or Limited Conservatorship 

If less restrictive tools do not adequately protect the individual, Massachusetts courts may impose limited guardianship or conservatorship. G.L. c. 190B, § 5-306 requires the court to tailor the order to the person’s functional limitations.

Call Our Boston Adult Guardianship Lawyer Today

At Fisher Law LLC, our Massachusetts elder law lawyer is well-versed in adult guardianships. If you have any questions about alternative options, we are here to help. Please do not hesitate to contact us for a strictly confidential, no obligation initial consultation. Our firm serves people and families throughout the Greater Boston area.