Guardianship / Disabled & Minors

Effective representation is provided for both elders and children in conservatorship and guardianship cases. Attorney J. Michael Shanley has extensive experience and knowledge in guardianship cases and can assist in making the process easy for you and others involved.  Attorney Shanley also concetrates in conservatorship and guardianship.

Guardianship and Conservatorship in Massachusetts

In the State of Massachusetts, an individual may be appointed as a legal guardian and/or conservator over a person who is disabled, a minor, suffers from severe dementia, or is mentally incompetent. Massachusetts Probate and Family Court appoint guardians or conservators to manage an individual’s financial and/or personal and medical matters. This proceeding is public and court-supervised.

Major Responsibility for a Conservator and Legal Guardian

Many people who are appointed a legal guardian and/or conservator are unaware of the great responsibility that comes with the appointment. Depending on what powers are granted to a conservator or guardian, the individual (or ward) may be left powerless over their medical care, personal needs, and/or financials. Probate and family court in the State of Massachusetts has the authority to agree to the appointment of conservators and guardians. Once appointed, care reports must be filed by the guardian. For cases with a conservator, they must file an account and inventory for the income, expenses, and property of the incapacitated individual.

In the Event of Incapacity or Death – Guardianship of a Minor

Selecting an appropriate individual who will care for your children in the event you become incapacitated or your death can be an arduous decision. It is vital to select alternative guardians as well in the event your first choice is unappropriated or unavailable. Although the court considers your selection of guardian greatly, the ultimate decision is based on who would act in the best interest of the child. However, in some cases, this decision focuses more on who the parents do not want to trust with their minor child. Keep in mind, a Last Will and Testament are not effective until death. Which means, the selection of a guardian for your minor child is also not effective until death when stated in your Last Will and Testament. The state of Massachusetts permits parents to select temporary or emergency basis guardians in the event one is needed while they are alive.

Elder Law

Families who care for aging parents frequently seek legal services from a lawyer knowledgeable about elder law long before the need of long-term services. Attorney J. Michael Shanley has experience in many aspects of elder law in the state of Massachusetts and understands the importance of planning ahead for aging parents.

If you have a guardianship case, it is in your best interest to seek an attorney with experience in Guardianship laws. Attorney J. Michael Shanley has over 30 years of experience in this field and has offices located right in Marshfield MA.

Contact Attorney J. Michael Shanley to schedule a consultation about guardianship and conservatorship in Massachusetts.