Guardianship and conservatorship in Massachusetts: who, where, cost
How a court can name a guardian or conservator in Massachusetts, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Guardian of an incapacitated person (limited or general), conservator of a protected person (limited or unlimited), temporary guardian or conservator.
- Filing fee
- The Probate and Family Court's guardianship filing page lists no filing fee for the petition. A fee for service of process may apply and varies.
- Court
- Probate and Family Court in the county where the person lives (or where a will nominating the guardian could be probated, or where the person is admitted to a facility by court order).
What guardianship or conservatorship is
- What it is called
Guardian of an incapacitated person (limited or general), conservator of a protected person (limited or unlimited), temporary guardian or conservator
- When a court may appoint one
An 'incapacitated person' has a clinically diagnosed condition that makes them unable to receive and evaluate information or make or communicate decisions to the point that they cannot meet essential requirements for physical health, safety or self-care, even with technological help; advanced age alone is not enough. The court must find that the person's needs cannot be met by less restrictive means, and should order only what the person's limitations require. A medical certificate dated within 30 days (or a clinical team report for intellectual disability) is required. A conservator may be appointed for someone unable to manage property because of a clinically diagnosed impairment, or who is detained or unable to return to the U.S.
Law: M.G.L. c. 190B, §§ 5-101(9), 5-303, 5-306; § 5-401
- Kinds
- General (plenary) guardian
- Limited guardian
- Conservator (limited or unlimited)
- Temporary guardian or conservator
Law: M.G.L. c. 190B, §§ 5-101, 5-303, 5-305, 5-306, 5-401, 5-409
Who can ask, which court and your own choice
- Who may ask
The person alleged to be incapacitated or any person interested in their welfare.
Law: M.G.L. c. 190B, § 5-303(a)
- Court
Probate and Family Court in the county where the person lives (or where a will nominating the guardian could be probated, or where the person is admitted to a facility by court order).
- Choosing your own
You can nominate your future guardian or conservator in a durable power of attorney and ask that bond sureties be waived. The court must follow your most recent nomination unless there is good cause or the person is disqualified.
Law: M.G.L. c. 190B, §§ 5-503(b), 5-305(b), 5-409(a)(1)
- Effect on a power of attorney
If a conservator or guardian of your estate is appointed, your attorney in fact must account to that fiduciary as well as to you, and the fiduciary can revoke or amend the power of attorney as you could have.
Law: M.G.L. c. 190B, § 5-503(a)
Cost, fee waiver and forms
- Filing fee
The Probate and Family Court's guardianship filing page lists no filing fee for the petition. A fee for service of process may apply and varies. Letters of appointment are free; additional letters cost $25 each.
- Fee waiver
A fee waiver may be available for the cost of publishing notice in a newspaper.
Source: Probate and Family Court guardianship page
- Forms
- Steps
Other options and where to report abuse
- Less restrictive options
- Less restrictive means: The court may appoint a guardian only if the person's needs cannot be met by less restrictive means, including technological assistance, and can limit the guardian's powers.
- Durable power of attorney: An attorney in fact you choose handles money and property.
- Health care proxy: An agent you choose makes health care decisions if you cannot.
- Report abuse or exploitation
Adult Protective Services: Executive Office of Aging & Independence (adults 60+); Commission for the Protection of Persons with Disabilities (adults 18-59 with disabilities, 1-800-426-9009) · (800) 922-2275
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Free help in Massachusetts
- Court Service Centers (Massachusetts Trial Court, free help)
- Mass.gov: File for guardianship of an incapacitated person
- Mass.gov: Massachusetts Health Care Proxy form
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Adult Protective Services: Executive Office of Aging & Independence (adults 60+); Commission for the Protection of Persons with Disabilities (adults 18-59 with disabilities, 1-800-426-9009) · (800) 922-2275
Questions about powers of attorney in Massachusetts
How does guardianship or conservatorship work in Massachusetts?
An 'incapacitated person' has a clinically diagnosed condition that makes them unable to receive and evaluate information or make or communicate decisions to the point that they cannot meet essential requirements for physical health, safety or self-care, even with technological help; advanced age alone is not enough.
What does a guardianship or conservatorship cost in Massachusetts?
The Probate and Family Court's guardianship filing page lists no filing fee for the petition. A fee for service of process may apply and varies. Letters of appointment are free; additional letters cost $25 each.
What are the alternatives to guardianship in Massachusetts?
Less restrictive means; Durable power of attorney; Health care proxy.