Massachusetts Guardianship of a Minor Petition
Massachusetts files this as a Petition for Appointment of Guardian of a Minor on form MPC 140 in the Probate and Family Court, requires a surety bond by default even for guardianship of the person alone, leaves a court investigation or guardian ad litem to the judge's discretion, and lets a minor age 14 or older nominate or object to a guardian.
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Introduction
In Massachusetts, a relative or other adult asks the Probate and Family Court to appoint them guardian of a minor's person by filing a Petition for Appointment of Guardian of a Minor on Trial Court form MPC 140, under the Massachusetts Uniform Probate Code, General Laws chapter 190B. Massachusetts handles the minor's estate separately, through its own conservator proceeding. If normal procedures would likely cause substantial harm to the minor before a hearing can be held, the court may appoint a temporary guardian for up to 90 days, extendable for additional 90-day periods for good cause. Notice generally goes to any living parent, the minor if 14 or older, and current custodians, at least 14 days before the return date; District Court and Juvenile Court guardianships follow those courts' own notice rules. A minor 14 or older may nominate their own guardian, and the court must appoint that nominee unless it finds the appointment contrary to the minor's best interest. A court investigation or guardian ad litem is discretionary, not mandatory, and no mandatory guardian training course was located in the statute, but a bond with a surety is required by default for a guardian of the minor's person unless the court finds waiving the surety is in the minor's best interest. A parent who needs a lighter, short-term option can instead sign a Caregiver Authorization Affidavit. This guardianship does not terminate parental rights and is not adoption. Attorney review is available before you file.
Key Things to Know
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Massachusetts guardianship of a minor is filed as a Petition for Appointment of Guardian of a Minor on Trial Court form MPC 140, in the Probate and Family Court, under General Laws chapter 190B, Article V, Part 2. Massachusetts handles the estate side separately, as a conservator proceeding, rather than combining person and estate guardianship into one case.
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If following normal procedures would likely cause substantial harm to the minor's health, safety, or welfare before the hearing, the court may appoint a temporary guardian for up to 90 days, extendable for additional 90-day periods for good cause, or for a longer period to a date certain if the court finds extraordinary circumstances. It is requested on a Verified Motion for Appointment of Temporary Guardian for Minor, form MPC 340, with written notice due 7 days before the hearing unless the court shortens or waives notice for an immediate emergency.
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Notice of the petition generally goes out at least 14 days before the return date to any living parent whose rights have not been terminated or surrendered, the minor if 14 or older, any current guardian or conservator, anyone who has had the minor's principal care or custody in the preceding 60 days, and other relatives listed in the statute. Guardianships in the District Court or Juvenile Court follow those courts' own notice rules.
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A minor age 14 or older may nominate their own guardian, and the court must appoint that nominee unless it finds the appointment contrary to the minor's best interest. A minor 14 or older may also object to and thereby prevent a guardian a parent nominated by will or writing.
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Parental consent is one of five grounds listed for a court appointment, along with a parent's death or incapacity, a prior termination of the parent's rights, a voluntary surrender, or a court finding that no parent is available or fit. A guardian a parent nominates by will or attested writing generally has priority unless a timely objection is filed or the nominee does not accept within 30 days of notice.
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A court investigation or guardian ad litem is discretionary, not a mandatory step, and no mandatory guardian training course was located in the statute. A bond with a surety, however, is required by default for a guardian of the minor's person, not only for an estate role, unless the court finds that waiving the surety is in the minor's best interest.
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This guardianship does not terminate a parent's parental rights and is not adoption; a parent or other person interested in the minor's welfare, or the ward if 14 or older, may later petition to end it based on the minor's best interest. A parent who only needs a lighter, short-term arrangement can instead sign a Caregiver Authorization Affidavit under General Laws chapter 201F, valid for up to 2 years, without going to court.
Key decisions before you file
Before you file a Guardianship of a Minor Petition in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.
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Massachusetts Requirements for Guardianship of a Minor Petition
Guardian of the Person, Not the Estate
Massachusetts guardianship of a minor covers only the minor's person; the estate side is a separate conservator proceeding under General Laws chapter 190B, Article V, Part 4, sections 5-401 and following.
Mandatory Trial Court Form MPC 140
The petition is filed on Trial Court form MPC 140, Petition for Appointment of Guardian of a Minor, required at initial filing along with a proposed Bond, form MPC 801, and a proposed Decree and Order of Appointment, form MPC 740.
90-Day Temporary Guardianship, Renewable
A temporary guardian may serve for up to 90 days, extendable for additional 90-day periods for good cause, or for a longer period to a date certain on a finding of extraordinary circumstances (G.L. c. 190B section 5-204).
14-Day Notice With a Defined Notice List
Notice of the petition is mailed or delivered at least 14 days before the return date to any living parent, the minor if 14 or older, current custodians, any current guardian or conservator, and other persons listed in the statute (G.L. c. 190B sections 5-206, 1-401); District Court and Juvenile Court guardianships follow those courts' own notice rules.
Minor Age 14 or Older Can Nominate or Object
A minor 14 or older may nominate their own guardian, and the court must appoint that nominee unless it finds the appointment contrary to the minor's best interest; a minor 14 or older may also object to a parent's nominated guardian (G.L. c. 190B sections 5-207, 5-203).
Bond With Surety Required by Default for a Guardian of the Person
Unlike states that require a bond only for an estate guardian, Massachusetts requires a bond with a surety by default for a guardian of a minor's person; the surety may be waived only if the court finds the waiver is in the minor's best interest (G.L. c. 190B section 5-208).
Court Investigation Is Discretionary, Not Mandatory
Massachusetts leaves appointment of a guardian ad litem or investigator to the court's discretion rather than requiring one before appointing a guardian of a minor (G.L. c. 190B section 5-106).
Standby Guardian Designation Available in Advance
A parent may designate a standby guardian by will or attested writing under General Laws chapter 190B section 5-202, who takes over when a stated trigger occurs, subject to the guardian filing an acceptance and petition to confirm within 30 days on forms MPC 141a, MPC 141b, or MPC 142.