Guardianship

Boston Guardianship Attorney

Guardianships are a method of obtaining legal custody of or decision-making authority over another person. There are many different types of guardianship actions. As your lawyer, I can help you seek guardianship of a minor, a disabled adult child, an elderly person, a mentally ill person, a physically incapacitated person, or a spendthrift.

I have more than 25 years of experience helping people in the Boston area obtain all types of guardianships to care for loved ones who are not competent to care for themselves and who are unable to make their own decisions on a temporary or permanent basis.

Minor Child Guardianship

I help grandparents, relatives, friends, and stepparents obtain legal guardianship over children when the parents are absent, deceased, or unable to care for their children for any reason. A guardian of a minor can obtain custody of a child and have the legal authority to make most of the decisions a parent would make. A guardian can handle personal decisions, financial decisions, or both. A guardianship of a minor can be for a limited period of time or until the child reaches the age of 18. Unlike adoptions, guardianships do not terminate the parent-child relationship. A parent can consent to a guardianship of his or her child without a finding of parental unfitness.

Adult or Elderly Person Guardianship

I help an increasing number of people obtain guardianship over siblings or elderly parents who have Alzheimer's or other forms of dementia, mental illness, or physical incapacity. Typically, guardianship is necessary when the person has not nominated a health care agent or executed a power of attorney. However, if there are disagreements regarding placement or medical care, a guardianship may be needed even when a child is the health care agent or holder of a power of attorney.

Adult Child Guardianship

Parents may need to obtain court-ordered guardianship of a developmentally-disabled child after the child reaches the age of 18 in Massachusetts. This can authorize the parents to make placement, financial and medical treatment decisions. Once a child reaches the age of 18, he or she has the right to make decisions about health care and where to live, even if the child is not competent to do so.

Rogers Guardianship

Often I represent individuals in actions to become guardians in Rogers cases. A Rogers guardianship enables the guardian to obtain specific authority to make decisions for extraordinary medical treatment of a ward. Extraordinary medical care includes invasive medical care, treatment with antipsychotic medication, admission to a mental health facility, or withholding of treatment.

Standby or Emergency Guardianship Proxy

An emergency guardianship proxy allows a parent or parents to appoint another person to be the guardian of their child for up to 60 days without court approval. These proxies are useful when parents anticipate being unable to care for their child due to illness, travel, or any other reason.

A standby guardianship proxy allows a parent or parents to nominate a guardian of a minor child and obtain court approval in advance of a future event, such as the death or incapacity of the parents. This type of guardianship provides for concurrent authority over the child. It does not limit the parents' rights to care for the child or the custody of the child.

No matter what type of guardianship issue you face, I can assure you that your concerns will be heard and I will work with you to achieve the best solution. To set up a consultation, contact Boston lawyer Linda Sternberg.