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Hear from COFAR
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Becoming a Guardian
The process of becoming a guardian is governed by statute in Massachusetts (Massachusetts General Laws Chapter 201). The law (M.G.L. c. 201, Section 6A) states that the following persons or entities can be authorized to become the guardians of a person with mental retardation:
- A parent
- Two or more relatives or friends of the person
- A nonprofit Massachusetts corporation whose charter authorizes it to act as a guardian
- Any agency within the Executive Offices of Human Services or Educational Affairs
Any individual or organization that seeks to become a guardian of a person with mental retardation must file a petition to do so with the probate court. If you file such a petition, it must be accompanied by a report from a clinical team consisting of a doctor, a licensed psychologist and a social worker or a certified psychiatric nurse clinical specialist. Each of those people must be experienced in the evaluation of
mentally retarded persons. The report must find that the person is incapable of making informed decisions with respect to the conduct of his personal and financial affairs.
Under M.G.L. c. 201, Section 7, the probate court must hold a hearing on a petition for guardianship and must give at least seven days' notice of the hearing to the apparent heirs of the proposed ward and to the Department of Mental Retardation
NOTE: Service Coordinators can provide you with assistance in complying with the steps needed to become a guardian. If you are interested in becoming a guardian to a person with mental retardation, it may be helpful to contact the person's service coordinator before you begin the process.
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