Massachusetts Guardianship Application Checklist
Everything required to file a guardianship petition at Massachusetts Probate and Family Court: forms, medical certificates, bond, notice, and service of process.
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Required Court Forms (MPC Series)
All MPC forms are available free at mass.gov/probate-and-family-court-forms
MPC 100General Information
MPC 110Military Affidavit
MPC 160Petition (Guardianship)
MPC 200Notice of Petition
MPC 320Clinician Certificate
MPC 400Guardian Bond
MPC 801Visitor Report
MPC 850Annual Report
MPC 160: Petition for Appointment of Guardian of Incapacitated Person MPC 160
The core filing. Names the proposed ward, the petitioner, the proposed guardian, and states the basis for incapacity. Must be signed under the pains and penalties of perjury.
MPC 100: General Information Sheet MPC 100
Required with all petitions. Provides case information to the court clerk.
MPC 110: Military Affidavit (Servicemembers Civil Relief Act) MPC 110
Required for all petitions. Certifies whether the proposed ward is on active military duty.
MPC 320: Certificate of Clinician MPC 320
Must be completed by a licensed clinician (physician, psychologist, or LICSW) within 180 days of filing. Describes the incapacity and its basis. This is the most critical document: the court will not act without it.
MPC 200: Notice of Petition and Hearing MPC 200
Notifies the proposed ward and interested parties of the petition and scheduled hearing date.
Filing fee payment Court Fee
Current Essex and Middlesex County Probate and Family Courts filing fee for guardianship petitions. Confirm the current amount directly with the court or your attorney.
Proposed order appointing guardian (draft) Court Order
Submit a proposed order for the judge to sign if the petition is granted. Your attorney will prepare this.
Copy of any existing legal documents (POA, Health Care Proxy, prior court orders) Supporting
The court will consider whether less restrictive alternatives exist. Attach any existing documents that address the proposed ward's care needs.
Medical Certificate Requirements
Identify the clinician who will complete MPC 320 Medical
Must be a licensed physician, psychologist, or licensed independent clinical social worker (LICSW). The proposed ward's treating physician is typically the right choice.
Confirm the certificate is completed within 180 days before filing Timing
An expired certificate will cause the petition to be rejected. If your certificate is older than 180 days, you need a new one.
Ensure the certificate addresses all required elements Medical
The MPC 320 must describe: the diagnosis, the basis for the clinician's opinion, the specific areas of incapacity (personal decisions, financial decisions, or both), and whether the incapacity is likely permanent or temporary.
Obtain clinician's signature, date, and professional license number on the form
File original MPC 320 with the court, and keep a copy for your records
Guardian Bond
Determine whether a bond is required Legal
The court typically requires a bond unless all interested parties waive it or the petition requests a waiver. A bond protects the ward against financial misconduct.
If a bond is required: obtain a surety bond from a licensed surety company
The bond amount is set by the court based on the value of the ward's estate. Contact a licensed surety company or your attorney for assistance.
If waiving the bond: include a waiver request in the petition and obtain written assents from interested parties
File MPC 400 (Guardian Bond form) with the court if applicable
Notice & Service of Process
Serve the proposed ward personally Required
The proposed ward must be personally served with the petition and notice of hearing regardless of their incapacity. This is a constitutional due process requirement. Service must be by a sheriff, constable, or other authorised person.
Identify and notify all interested parties
Interested parties include: the proposed ward's spouse or domestic partner, adult children, parents, adult siblings, and any person named in a prior guardianship order or POA.
Serve all interested parties by certified mail or in hand
Notice must be provided at least 7 days before the hearing (or as the court directs). Keep return receipts and proof of service.
File proof of service with the court before the hearing
Obtain written assents from interested parties (if uncontested) Recommended
Assents from all interested parties streamline the hearing and reduce the likelihood of court-appointed counsel or a contested proceeding.
Prepare for the court to appoint a Guardian ad Litem or Visitor to investigate
The court often appoints a Visitor (MPC 801) to interview the proposed ward and report back. Cooperate fully and promptly with any investigation.
Be prepared for the court to appoint counsel for the proposed ward
The court must appoint legal counsel for the proposed ward unless they already have an attorney. This is required by Massachusetts law.
After Appointment: Ongoing Duties
File Initial Care Plan with the court within 60 days of appointment
Describes the ward's current living situation, care needs, and your plan for meeting them.
File Annual Report (MPC 850) each year on the anniversary of your appointment Annual
Required every year without exception. Failure to file can result in removal as guardian. The report covers the ward's wellbeing, living situation, and major decisions made during the year.
Keep detailed records of all decisions made on behalf of the ward
Medical decisions, living arrangements, financial transactions (if also conservator), and communications with service providers.
Notify the court of any major change in the ward's condition or circumstances
Changes in residence, significant health changes, or a need to modify the scope of the guardianship must be reported promptly.