Guardianship - Who is a Legal Parent? Part 10

UPDATE: With the passage of the Massachusetts Parentage Act, the definitions of legal parentage have been updated by the legislature. Read this article to learn more: The Massachusetts Parentage Act by Polly Crozier, Director of Family Advocacy, GLBTQ Legal Advocates & Defenders

Original Post:

A Guardian is a person appointed by the court to make non-financial decisions for another person, such as personal welfare, medical, housing and educational decisions, in the same way that a parent can for their minor child. Guardians may be appointed for minor children, via Guardianship of a Minor, and for incapacitated persons, via Guardianship of an Incapacitated Person.

In either case, this is a guardianship for protection of the person only. In Massachusetts, Guardians do not have any power over the financial or business affairs of the Respondent. In order to protect the proper or business affairs of a respondent a Conservator is needed.

Guardians and Conservators do not have the same legal rights and obligations as other legally recognized parental roles, but similar to de facto parents they may have some of the same rights.

A Petition for Guardianship is essentially a request for a permanent guardianship. Permanent here is not the same as its usual definition, because a permanent guardianship does not mean that it exists forever. A permanent guardianship simply means that the Guardianship case has gone to Judgment and no further court hearings will occur unless there is a change in circumstances. This is different from a Temporary Guardianship which requires returning to court at least every 90 days.

However, unless the guardian adopts a minor, the biological or legal parent may still have the ability to request a termination of the guardianship when circumstances change. Therefore, a permanent guardianship is never actually permanent in the same way that an adoption is. To learn more about adoption visit our previous post. To learn more about guardianship click here.

Previous Post: Grandparent Visitation Rights v. De Facto Parents - Who is a Legal Parent: Part 9

Comments

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children. Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights. In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms. As Maya Angelou said, "When someone shows you who they are, believe them the first time."...

Massachusetts Family Court Financial Statement - Instructions & Best Practices

During a divorce, or other case in the Massachusetts Probate & Family Court that involves your finances, such as a child support case, you will likely be required to file a court form Financial Statement. In Massachusetts there are two versions of this form: a "short form" if your income is under $75,000 and a "long form" if your income is $75,000 or more. Many people find these forms confusing and we've compiled a list of helpful information for filling them out. First , to access the forms, the court has provided pdf or online versions here: Massachusetts Rule 401 Short Form Financial Statement (pdf) Massachusetts Rule 401 Long Form Financial Statement (pdf) There are also some basic instructions provided by the court explaining the sections of the forms and providing access to a Schedule A (for self-employed people) and Schedule B (for rental income): Massachusetts Rule 401 Short Form Financial Statement Basic Instructions Massachusetts Rule 401 Long F...

Can you Deviate from the Massachusetts Child Support Guidelines?

When completing the Massachusetts Child Support Guidelines Worksheet , many people are surprised by the resulting amount. The court treats the worksheet amount as presumptive, which means that the amount in the worksheet is likely to be ordered by the court unless there is a good reason to deviate. A common question in mediation between parents (both married and unmarried) is: If we agree to a different child support amount than the worksheet (or no child support at all), can we opt out or agree to a different child support than the guidelines suggests? The short answer is: sometimes. In order to receive a Judgment from the court (whether in a divorce or an action between unmarried parents), the court requires the filing of the Child Support Guidelines worksheet. However, there is a list of deviation factors in the Guidelines that the court can consider for ordering a number different than the worksheet. When people are proposing a deviation tha...

Search This Blog