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My 15 year old niece is coming to live with me. What forms do I need to be her temporary guardian. Her mother is cooperative.

Boston, MA |

Also, she would be coming from Arizona.

Attorney Answers 3

Posted

If you live in Boston, you need to file for guardianship of a minor at the Suffolk Probate Court. I've posted a link to the Probate Court's web site, which has most of the forms you need, as well as a link to the Court's on-line self-help center. Keep in mind that you will need to get the written assent of the minor as well as the parents.

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Posted

You may not need temporary guardianship if the mother has the sole custodial authority. If it is for educational and medical reasons only, then there is a potentially quicker, less expensive way to get authority. Massachusetts has recently enacted the Uniform Probate Code. The new law allows for the execution of a caregiver authorization and affidavit. A parent can appoint a caregiver who resides with the child (by written, signed and notarized instrument) with authority to assume parental responsibilities relative to a minor child’s education and medical care for up to two years. The new forms should be available on the Massachusetts Trial Court website - http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/forms.html

My answer does not create an attorney-client relationship.

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Posted

I agree with Attorney Rockwell that you may not need to file a guardianship petition when there is a caregiver authorization which is properly drafted. You can also apply for a limited guardianship so that your niece's mother retains authority to make decisions in certain areas.

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