Filing of Petitions to Create, Modify or Terminate Guardianships and Conservatorships

Defense Against Petitions

Breach of Fiduciary Duty, Accountings, and Requests for Rogers and Other Forms of Extraordinary Authority

Massachusetts Guardianship, Conservatorship, and Fiduciary Litigation Attorneys

At Cohen Cleary, P.C. our Guardianship and Conservatorship lawyers provide comprehensive services that individually designed to meet your specific goals, needs, and budget to have a guardian and/or conservator appointed for your loved ones.

Guardianships

If your loved one does not have a health care proxy and they have become incapacitated, you will need to petition the court for a guardian to be appointed. Petitioning for the appointment of a guardian can be a very time intensive and complex process. Having an experienced attorney who is familiar with the petitioning process can greatly assist you in navigating the process. A general guardianship will only allow the guardian to make general medical and personal decisions on behalf of your loved one. Guardianships can include extraordinary authority such as:

  • Authorization to treat with antipsychotic medications (Rogers)
  • Electroconvulsive Shock Therapy
  • Surgical Interventions
  • Refusal of Medical Care and Procedures
  • Do Not Resuscitate (DNR)
  • Do Not Intubate (DNI)
  • Do Not Hospitalize (DNH)
  • Comfort Measure Only (CMO) medical orders.

It is very important to choose an attorney experienced in guardianships to assess the needs of your loved one and chart the appropriate procedure and documents. If you find yourself in need of a guardianship, the experienced attorneys here at Cohen Cleary, P.C. can assist you . Representation to complete an uncontested guardianship petition can be taken on a “flat fee” basis. This means that if no interested parties contest the petition you only pay a one-time fee to petition the court. We will use our knowledge of the law and our years of experience to make sure that your loved one will have someone with the authority to make medical decisions on behalf of your loved one. Call us at (508) 880-6677

Conservatorships

If your loved one did not execute a power of attorney appointing an individual to make financial decisions becomes incapacitated, you will need to petition the probate court for a conservator to be appointed. Petitioning for the appointment of a conservator for your loved one can be a very complicated matter depending on your loved one’s financial situation. Once appointed, the conservator will have the duty to make financial decisions for your loved one. While a general conservator has the ability to make financial decisions on behalf of your loved one, they may be appointed with additional authority, such as making an estate plan for them also.

It is very important to choose an attorney experienced in conservatorships to assess the needs of your loved one and chart the appropriate procedure and documents. If you find yourself in need of a conservatorship, the experienced attorneys here at Cohen Cleary, P.C. can assist you . Representation to complete an uncontested conservatorship petition can be taken on a “flat fee” basis. This means that if no interested parties contest the petition you only pay a one-time fee to petition the court. We will use our knowledge of the law and our years of experience to make sure that your loved one will have someone with the authority to make medical decisions on behalf of your loved one. Call us at (508) 880-6677

Fiduciary Litigation

If you receive notice that somebody is petitioning to have a guardian, conservator, or personal representative appointed for your loved one, you have the ability to object to that appointment. The petitioner is required to provide notice to immediate family members of any petition and/or motion to appoint a guardian and/or conservator. Upon receiving notice and have a designated period of time in order to formally object to the petition. In objecting to the petition there are certain legal hurdles that must be completed in order to properly asserting your rights. Retaining an experienced attorney to represent and navigate through the required procedures would be in your best interest.

If you find yourself objecting to the appointment of a guardian and/or conservator, the experienced attorneys here at Cohen Cleary, P.C. can assist you. We will use our knowledge of the law and our years of experience to make sure that your loved ones will have someone with authority to make medical decisions on behalf of your loved one. Call us at (508) 880-6677

Our law firm is centrally located in Raynham and Plymouth MA and serves all of Eastern Massachusetts.