Types of guardianship and what they mean:

When an individual turns 18 years of age, he or she is legally identified as an adult. This is known as the Age of Majority. With this change comes the responsibility for making legal, financial, medical, and other important life decisions. 

Some individuals with disabilities may not be prepared to make these decisions on their own at age 18. When this is the case, parents and guardians should decide ahead of time what kind of legal support or protections will be necessary to protect the safety and rights of the individual.  If legal protections are not in place the Transfer of Rights will occur when the individual turns 18 years old.

Legal guardian is appointed to manage all financial and personal affairs for an individual deemed incompetent by the court. It requires a legal hearing where evidence of incompetence is presented

Guardianship is the broadest form of legal protection; alternatives should be considered before pursuing this option. Guardianship may be limited to a specific area of decision-making

A conservator is appointed to manage only the financial affairs for an individual with a disability. It Requires a legal hearing where the need for a conservator is established.

Conservatorship is a good alternative to guardianship if the person only needs support with financial decisions. A Conservator takes responsibility for managing an individual's bills, debts, and assets

Allows a trustee to control specific assets on the behalf of an individual. No court intervention is needed. However, legal consultation is recommended when creating a trust.

Special Bank Accounts

Joint bank accounts can be created to provide assistance with financial decision-making. Withdrawal limits, automatic payments, and direct deposits can be easily arranged.

Representative Payee 

A person identified as a "representative payee" receives and manages specific deposits on the behalf of an individual. The individual continues to make all other financial and personal decisions

A health care proxy is a legal document that allows an individual to give a specific person the power to make healthcare decisions for them. A health care proxy goes into effect when a doctor determines that the individual no longer has the capacity to make 

their own health care decisions

A Power of Attorney document allows an individual to share financial decisions with a specific person whom they delegate. No court intervention is needed.

Helpful resources:

• Massachusetts Rehabilitation Commission: Turning 22 

• Mass.gov Guardianships

• Massachusetts Guardianship Association

• Massachusetts Laws on Guardianship

• A Legal Guide for Parents of Youth with Mental Health Needs