Guardianships and Conservatorships in Bristol County

• Petition for Appointment of Guardian for an Incapacitated Person (MPC 120) – Specify plenary or limited guardianship and reasons for the choice.
• Medical Certificate (MPC 400) – Must be completed and signed by a registered physician, licensed psychologist, or certified psychiatric nurse clinical specialist. The incapacitated person must be examined within 30 days of filing the petition.
• Bond (MPC 801) – Confirms that the petitioner agrees to the jurisdiction of the court that is issuing the Letters of Appointment as guardian. The bond must include the estimated value of the incapacitated person's real estate and personal estate.
• Clinical Team Report (MPC 402) – Only filed if the person has an intellectual disability. The report needs to be filled out by a physician, licensed psychologist, and social worker. The incapacitated person must be examined within 180 days of filing the petition.

After filling out the appropriate forms, the petitioner must have a disinterested person (someone who has no ties to the case) give notice to the incapacitated person by delivering a copy of the petition and the citation 14 days before the hearing. They should also notify by regular, first-class mail:

• everyone named in the petition;
• the U.S. Veteran's Administration;
• the Department of Developmental Services (if the person is intellectually disabled)

In a case when the petitioner cannot locate an interested party, the court will provide instructions for publishing the notice in a newspaper. 

What Is a Rogers Guardianship in Massachusetts?

In Massachusetts, a Rogers guardianship is a legal arrangement where the court gives someone permission to agree to extraordinary treatment on behalf of a person who is incapacitated and cannot provide informed consent themselves. 

Extraordinary treatment can include things like:

• Antipsychotic medications, 
• Sterilization,
• Electroconvulsive therapy, and
• Other intrusive procedures.

When determining whether to grant someone Rogers authority, the court will consider if the person needing a guardian cannot make informed choices about treatment because of a mental illness and whether the person would choose the medical procedure themselves.

The court considers the following factors when deciding what medical care someone would choose:

• The person’s past preferences,
• The effects on the person’s family, 
• The likelihood of adverse side effects, and
• The state of the person’s condition with or without treatment. 

People who can petition to be a Rogers guardian include:

• Friends, 
• Neighbors, 
• Family members, or 
• Physicians.

State agencies, hospitals, or other care facilities may also apply for Rogers authority. 

The court will hold a hearing to determine whether a Rogers guardian should be appointed. The individual asking for guardianship and the person needing assistance may present evidence to support their claims. If it’s approved, the court will review the Rogers guardianship yearly.

Contact Our Firm Today

Applying for guardianship/conservatorship can be an emotionally and legally difficult time. Having a lawyer on your side to help you through it can make the process more manageable. At the Law Offices of Rachel M. Matos, we offer the legal guidance our clients need at each stage of their case.

To schedule a consultation with us, please call (508) 206-9334 or submit an online contact form today.