Commonwealth of Massachusetts
Probate and Family Court Department
[DIVISION] Division
Docket No.: [DOCKET NO.]
PETITION FOR APPOINTMENT OF GUARDIAN
In the Matter of: [WARD FULL LEGAL NAME], an Alleged [Minor / Incapacitated Person]
(“Ward”)
[// GUIDANCE: Select “Minor” for petition under M.G.L. c. 190B, § 5-204; select “Incapacitated Person” for petition under § 5-306.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
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Parties.
1.1 Petitioner: [PETITIONER NAME], of [ADDRESS], [RELATIONSHIP TO WARD] (“Petitioner”).
1.2 Proposed Guardian: [PROPOSED GUARDIAN NAME] (“Guardian”), if different from Petitioner.
1.3 Ward: [WARD FULL LEGAL NAME], born [DOB], currently residing at [ADDRESS OR FACILITY]. -
Jurisdiction & Governing Law.
2.1 This Petition is brought pursuant to Massachusetts General Laws (“M.G.L.”) c. 190B, §§ 5-101 et seq. (the “Massachusetts Uniform Probate Code” or “MUPC”).
2.2 The Massachusetts Probate and Family Court, [DIVISION] Division (the “Court”), has exclusive jurisdiction under M.G.L. c. 190B, § 1-302. -
Recitals.
3.1 Petitioner seeks the appointment of a Guardian to advance the Ward’s welfare in accordance with the guardianship standards of the MUPC and applicable court rules.
3.2 Petitioner asserts that no less-restrictive alternative adequately meets the Ward’s needs.
II. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below:
“Annual Report” – The report a Guardian must file each year pursuant to M.G.L. c. 190B, § 5-309 & Probate & Family Court Standing Order 4-11.
“Bond” – A fiduciary bond in an amount set by the Court under M.G.L. c. 190B, §§ 5-207 (minors) or 5-410 (incapacitated persons).
“Guardian” – The individual appointed by the Court with powers and duties as defined in M.G.L. c. 190B, Article V.
“Ward” – The minor or incapacitated person for whom guardianship is sought.
[Include additional defined terms as needed.]
III. OPERATIVE PROVISIONS
3.1 Relief Requested.
(a) Appointment of [PROPOSED GUARDIAN NAME] as Guardian of the Ward, with [full / limited] powers.
(b) Waiver of sureties / Imposition of Bond in the amount of [$__].
(c) Issuance of Letters of Guardianship effective upon filing of the Bond and acceptance of appointment.
(d) Such further protective orders as the Court deems just.
3.2 Specific Powers Sought.
(a) Authority to make medical and personal-care decisions.
(b) Authority to determine residence within the Commonwealth.
(c) [Optional] Authority to consent to educational or therapeutic services.
(d) Any other power specifically authorized under M.G.L. c. 190B, § 5-309.
3.3 Conditions Precedent.
(a) Proper service of citation on all interested persons under M.G.L. c. 190B, § 1-401 and Supplemental Probate Court Rule 14.
(b) Completion of any required clinical team report / medical certificate dated within 30 days of filing.
3.4 Filing Deadlines.
(a) Initial Care Plan or Guardian’s Plan must be filed within 60 days after Letters of Guardianship issue.
(b) Annual Reports are due within 30 days of the anniversary of appointment.
IV. REPRESENTATIONS & WARRANTIES
4.1 Petitioner represents, warrants, and certifies to the Court that:
(a) Petitioner is at least 18 years old and of sound mind.
(b) The facts contained in this Petition are true and complete to the best of Petitioner’s knowledge, information, and belief.
(c) No other petition for guardianship concerning the Ward is presently pending in any jurisdiction.
(d) Petitioner has disclosed all known interested persons under M.G.L. c. 190B, § 5-304(c).
(e) The proposed Guardian is suitable, willing, and able to serve and understands fiduciary duties owed to the Ward.
4.2 Survival. These representations survive the Court’s adjudication and remain binding throughout the guardianship.
V. COVENANTS & RESTRICTIONS
5.1 Guardian Covenants. If appointed, the Guardian shall:
(a) Exercise the utmost good faith and loyalty in all dealings affecting the Ward.
(b) Comply with statutory reporting requirements, including timely filing of the Annual Report and any inventory of assets if later appointed conservator.
(c) Seek prior Court approval before consenting to extraordinary medical treatment or changing the Ward’s primary residence to another state.
(d) Maintain accurate contemporaneous records of all decisions, expenditures, and contacts.
5.2 Restrictions.
(a) The Guardian may not delegate discretionary decision-making authority without prior Court approval.
(b) The Guardian shall not commit the Ward to an inpatient mental-health facility except as authorized by M.G.L. c. 123 or other applicable law.
VI. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Failure to file required reports.
(b) Breach of fiduciary duty, including self-dealing or misuse of the Ward’s assets.
(c) Violation of any express Court order.
6.2 Notice & Cure.
The Court may issue an order to show cause; the Guardian shall have 14 days to cure or otherwise respond, unless the Court finds immediate suspension necessary to protect the Ward.
6.3 Remedies.
(a) Suspension or removal of Guardian.
(b) Surcharge judgments for financial losses.
(c) Contempt sanctions, including attorneys’ fees and costs.
VII. RISK ALLOCATION
7.1 Bond Requirements.
(a) The Guardian shall post a Bond, with sureties unless waived, in an amount set by the Court.
(b) The Bond shall remain in effect until the Guardian is discharged.
7.2 Indemnification.
The Guardian acknowledges personal liability for breach of fiduciary duty and agrees to indemnify and hold harmless the Ward’s estate from losses arising from negligent or willful misconduct, subject to the Bond cap.
7.3 Insurance.
[Optional] Guardian shall maintain fiduciary liability insurance with minimum limits of $[__].
7.4 Force Majeure.
The Guardian is not liable for failure to perform duties when performance is rendered impossible by events beyond reasonable control, provided the Guardian promptly petitions the Court for instructions.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. All matters shall be governed by the laws of the Commonwealth of Massachusetts, including the MUPC.
8.2 Forum Selection. The Massachusetts Probate and Family Court, [DIVISION] Division, retains exclusive jurisdiction over this guardianship.
8.3 Arbitration. Not applicable; statutory guardianship matters are non-arbitrable.
8.4 Jury Waiver. No jury trial is available in this proceeding.
8.5 Injunctive Relief. Nothing herein limits the Court’s inherent power to issue protective or injunctive orders for the Ward’s benefit.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any amendment to the Letters of Guardianship or the Guardian’s authority shall be by further order of this Court.
9.2 Assignment. The office of Guardian is personal and non-assignable.
9.3 Successors. A successor guardian may be appointed pursuant to M.G.L. c. 190B, § 5-212.
9.4 Severability. If any provision of the Court’s guardianship decree is held invalid, the remaining provisions shall continue in full force to the maximum extent permitted by law.
9.5 Integration. The Court’s decree, Letters of Guardianship, and any subsequent orders constitute the entire governing framework of the guardianship.
9.6 Electronic Signatures. Pleadings and reports may be signed electronically in conformity with Massachusetts e-filing rules.
X. EXECUTION BLOCK
Respectfully submitted this ___ day of [MONTH], [YEAR].
[PETITIONER NAME], Petitioner
Address: [ADDRESS]
Telephone: [PHONE]
Email: [EMAIL]
[// GUIDANCE: If Petitioner and Proposed Guardian are different persons, include separate signature blocks.]
[PROPOSED GUARDIAN NAME]
(Proposed) Guardian
VERIFICATION
I, [PETITIONER NAME], hereby verify under the pains and penalties of perjury that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME]
Date: ______
[// GUIDANCE: Attach notarization if local practice requires, or include notarial jurat below.]
CERTIFICATE OF SERVICE
I certify that a true copy of this Petition was served on all interested persons identified in the attached schedule by [first-class mail / hand delivery / e-service] on [DATE].
[PETITIONER NAME]
[// GUIDANCE:
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Attach the following to the filing package, as applicable:
• Clinical Team Report (adult incapacitated person) or Medical Certificate (minor with disability)
• Proposed Order & Letters of Guardianship
• Proposed Bond form (MPC 801 for minors; MPC 802 for adults)
• Schedule of Interested Persons (MPC 580)
• Civil Action Cover Sheet (if required by local rule) -
Always confirm the latest Probate & Family Court forms and standing orders before submission.
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For emergency or temporary guardianship, use the emergency petition form (MPC 901) and modify timelines accordingly.
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