Guardianship of an Incapacitated Person

 An incapacitated person or any person interested in the welfare of the person alleged to be incapacitated may petition for a determination of incapacity, in whole or in part, and the  appointment of a guardian, limited or general. The petition must normally be filed in the County where the person is living.

 A guardian of an incapacitated person shall make decisions regarding the incapacitated person’s support, care, education, health and welfare and, in so doing, shall consider the expressed desires and personal values of the incapacitated person and shall act in the incapacitated person’s best interest and exercise reasonable care, diligence and prudence.  Authority shall be exercised by the guardian only as necessitated by the incapacitated person’s limitations and with encouragement of his/her participation and acts in his/her own behalf.

 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:

Petition (Click for form) - There is no filing fee for the petition
Bond  (Click for form) A bond with sureties is required unless waived by a Judge..  If a judge allows bond with sureties to be waived, there is no fee for a bond without sureties.    If court requires bond with sureties, the fee is $50.00  (Payable to “Plymouth Probate and Family Court”. Bank check or money order is required.  No personal checks are accepted.)
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 Guardian Appointment is needed, you must also file the following:

Verified Motion for Temporary Guardianship (Click for form)
Temporary Bond  - See information above for bond, which also applies to this bond.  Bond  (Click for form)
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 Guardian. 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 guardianship along with a notice form.  It is your responsibility to deliver or mail a copy of the order of temporary guardianship along with the Notice of Temporary guardianship 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 Guardianship 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 Guardianship 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.