to remove a guardian who has been appointed for a minor child.the parent has a due process right to counsel to prosecute such a petition, and to be informed of this right, provided the parent presents a meritorious claim for removal.similarly. 'When an indigent parent who is not represented by counsel seeks. Chief Justice of the Probate and Family Court Dept., 474 Mass. 190B, § 5-206, and who cannot afford counsel has a right to have counsel appointed and to be so informed.' 590 (2015)Ī 'parent whose minor child is the subject of a guardianship proceeding pursuant to G. Once the mother satisfied this burden of production, the guardian then bore the ultimate burden of proving, by clear and convincing evidence, that the mother remained unfit and that continuation of the guardianship served Kelvin's best interest.' of producing some credible evidence of changed circumstances since the initial guardianship determination. 448 (2018)Įxplains the burden of proof in a petition to remove a guardian. 762 (2017)Ī probate and family court judge could use sound discretion to appoint counsel for an indigent guardian in a removal contest under the Massachusetts Uniform Probate Code, G.L.c. See web sources below for the link to the fillable caregiver affidavit form.

Includes caregiver rights and responsibilities and spells out the content of the caregiver affidavit as well as providing an outline of the caregiver affidavit form. Provides a procedure for situations in which a caregiver lives in another state, or when the person involved lives in more than 1 state.Ī simpler process that may allow a caregiver to make decisions about education and health care for a child. MGL c.190B, Article 5A Uniform adult guardianship and protective proceedings jurisdiction In a petition to remove a guardian of a minor child, the guardian shall have a right to counsel if the guardian has been the primary caretaker for the child for at least 2 years or for an otherwise significant period of time during the child’s life. See also: MGL c.190B, § 5-212 Resignation, removal, and other post-appointment proceedings.See also: MGL c.190B, § 5-209 Powers, duties, rights and immunities of guardian of minor limitations of guardianship.Provides procedures to allow guardians to be appointed while also protecting individuals' civil rights and autonomy. MGL c.190B, Article V Guardianship and conservatorship of children and incapacitated adults

Do guardianship papers expire