Estates, wills, and guardianships

If you know a minor in Massachusetts who needs temporary or permanent care, the Care Type Finder can help you decide the right type of support with a few easy to answer questions.

Some kinds of support need a judge to make a decision. Others can be given by the parent without a judge.

The Care Type Finder will help you decide between:

• Guardianship
• Temporary agent
• Caregiver authorization

And if you are the parent of the minor, the tool can also help you let the court know that you disagree with someone trying to become the guardian of your child or that you want a new guardian for your child.

Answer a few questions about your family's situation to get suggestions for the correct type of support.

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This interview helps a parent or guardian in Massachusetts give temporary permission to someone to make medical and educational decisions for their child. The parent does not lose their rights to make decisions for their child.

You may want to use this interview if you are unable to care for your child for a short period of time, up to 60 days or 2 years, depending on the kind of permission you need to give.

It can make either a caregiver authorization affidavit or the temporary agent affidavit, depending on which kind of permission you want to give.

This form does not need to be filed with the court. It must be signed in front of a notary and two witnesses.

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This interview helps a Massachusetts parent or someone else who cares about the wellbeing of a minor attend and have a chance to talk to the judge in a minor guardianship case.

It can help the parent or other person:

• Tell the judge they disagree (object) to the guardianship, or
• Tell the judge they agree (consent) to the guardianship.

If you want to be heard but do not yet know if you agree or disagree, you can use this interview to ask the judge to let you speak at the hearing.

It can also help the parent ask the judge to give them a lawyer for the case.

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If you are or if you know a minor who needs a responsible adult to make decisions for them other than their parent or their current guardian, you can use this interview to ask the court to appoint a guardian.

The guardian can make decisions about the minor's health, education, finances, and general welfare in place of the minor's parent.

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If your child, or the child of someone you care about, has a guardian and you believe the guardian should be removed or replaced, you can use this interview to ask the court to remove the guardian.

It will help you make a petition to remove a guardian and optionally, let you name a new guardian.

It can also help you make up to 5 other forms that you may need to file with your petition. The other forms include:

• Petition to appoint a temporary guardian
• Request to get a lawyer (for a parent)
• Child Care or Custody Disclosure Affidavit
• Military affidavit
• Fee waiver application (also called an affidavit of indigency)

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