Conservatorship of a Protected Person (Incapacitated or Minor)

A Conservator may be appointed to manage property of a minor or incapacitated person as set forth herein.

The appointment of a conservator may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money, real property or personal property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for support and education and that protection is necessary or desirable to obtain or provide money.

The appointment of a conservator may be made in relation to the estate and affairs of a person who is disabled if the court determines that the person is unable to manage property and business affairs effectively because of a clinically diagnosed impairment and that the person has money that will be dissipated or that money is needed for the support, care and welfare of the person and those entitled to the person’s support and that protection is necessary or desirable to obtain or provide money.

All forms that are linked below can be filled out by the applicant on-line.  However, the applicant still needs to print out the form, sign it and then submit it to Plymouth County Probate and Family Court either by mail or in person.

 

Here you will find:

What_to_file:

Where to file

What happens after you file

What to file:

A filing fee of $270.00 is required for the Petition, Bond, Surcharge and Citation.  (Payable to “Plymouth Probate and Family Court”. Bank check or money order is required.  No personal checks are accepted.) 
Petition (Click for form)
Bond  (Click for form) A bond with sureties is required unless waived by a Judge.
Medical certificate is required for incapacitated persons. Date of examination must be within 30 days of the  filing of the petition. (Click for form)
Clinical Team Report is required for a Mentally Retarded person.  Date of examination must be within 180 days of the  filing of the petition. (Click for form)
Petitioner’s Information Sheet, sometimes called the CP-2 form - (Click for form)

If an emergency exists and a Temporary Conservatorship Appointment is needed, you must also file the following:

Motion for Temporary Conservatorship  (Click for Form)

Emergency Affidavit in support of the Motion for Temporary Conservatorship (Click for form)

Temporary Bond . (Click for form) A fee of $75.00 is required.   (Payable to “Plymouth Probate and Family Court”. Bank check or money order is required.  No personal checks are accepted.)
Motion to waive or shorten notice (Click for Form)

Where to file:

All papers above should be filed :

By mail to:

Plymouth County Probate and Family Court

ATTN:  Probate Department

52 Obery Street, Suite 1130

Plymouth, MA 02360

In person at:

Plymouth County Probate and Family Court

52 Obery Street

Plymouth, MA 02360

or

Plymouth County Probate and Family Court

215 Main Street

Brockton, MA 02301

 

What to expect after you file:

If this is an emergency:   Once you file all your papers with the Court, you will go before the Court that day.  The Court may enter an Order appointing you  Temporary Conservator. Note that this appointment is only TEMPORARY and limited to the time period established by the Court.   The court will give you copies of the order of temporary conservatorship along with a notice form.  It is your responsibility to deliver or mail a copy of the order of temporary conservatorship along with the Notice of Temporary Conservatorship to all persons interested within seven (7) days as provided in the notice.  Once you notify the interested parties, you MUST file with this court within seven (7) days of the date of appointment, the “Certificate of Service,” listing who was served and what type of service was made. A citation will issue shortly  that must be served on all parties interested.   If no objections have been filed on before the return date, and if your petition with proof of service of citation is completed correctly, your Petition for Conservatorship will be scheduled for a Case Management Conference.   

If this is not an emergency: Once you file all your papers with the Court, the Court will issue a citation with a return date.  You must comply with service of this citation on all parties interested prior to the return date.   If no objections have been filed on or before the return date, and the proof of service of citation is completed correctly, your Petition for Conservatorship will be scheduled for a Case Management Conference.

If the matter is contested, the Court will schedule a Pre-Trial Conference.  At the Pre-Trial Conference, a trial date will be established if the matter is not resolved.