Guardianship of a minor: An overview

A temporary or permanent guardian does the same things that a parent does. For example, the guardian can:

• Have the child live with them.
• Decide where the child goes to school. They can meet with teachers and make decisions about education.
• Be involved in the child’s life so the guardian knows about their abilities, limitations, needs, opportunities, physical health, and mental health.
• Take care of the child's belongings like clothes or toys. And
• Save money for the child for their future needs.

For more information, read the law about the duties of a guardian here: Massachusetts General Laws chapter 190B, Section 5-209.

Parties are the people named in a court case. For example, if the case is called John Doe v. Jane Smith, John Doe and Jane Smith are the parties in the court case. A guardianship case is normally named after the child, like “Matter of Jack” or “Guardianship of Jill.” 

There can be several parties in a guardianship case:

• The minor: a child who is under 18. The court may also call the child a “ward” or “subject child.”
• The petitioner: the person who filed for the guardianship.
• The respondent: the parent of the child.
• An interested party: any person who must be told about a petition to:
  • appoint or remove a guardian or 
  • change an existing guardianship. 
    This would be someone like foster parents, an authorized caregiver for the child, or the Department of Children and Families (DCF) if the child is in their custody.

The court has instructions about “giving notice” after filing for a guardianship. This means letting certain parties know about the case. The instructions include a list of who could be an interested party in the guardianship of a minor. 

You may have the right to a court-appointed lawyer if you are the parent or the child in a guardianship case. A guardian may also be able to have a court-appointed lawyer. For more information, see The right to a court-appointed lawyer in a guardianship case.

The main difference between a temporary and permanent guardian is the length of time that they are a guardian.

A court appoints a temporary guardian of a minor for up to 90 days at a time. A judge can order less than 90 days. They can also add more time on after the first order ends. For more information about temporary guardians, see Temporary guardianship of a child.

A court appoints a permanent guardian of a minor until a child turns 18 years old, or until the court makes a different order. For more information about permanent guardians, see Permanent guardianship of a child.

The court can appoint any person if it decides that it is in the child’s best interests. In general, this could be a relative of the child or a family friend. The person has to:

• Be at least 18 years old,
• Live in the United States, and
• Not have a criminal record including child abuse or neglect.

The court appoints a temporary guardian for a child only if the judge believes:

• A guardian is necessary to stop serious harm to a child’s health, safety, or wellbeing, and
• There is no one else who can be responsible for and care for the child (like a parent or other guardian).

Read the full law here: Massachusetts General Law, Chapter 190B, Section 5-204(b). For more information, see Temporary guardianship of a child.

The court can appoint a permanent guardian for a minor if:

• The child's parents have passed away or are incapacitated,
• The parents agree to the guardianship,
• The parents had their parental rights taken away, 
• The parents signed a voluntary surrender. Meaning they agree to give up their child, or 
• The court finds the parent or parents of the child to be unavailable or unfit to have custody.

Read the full law here: Massachusetts General Law, Chapter 190B, Section 5-204(a).

A decision about a permanent guardianship comes after a trial or “evidentiary hearing.” This is a formal court hearing where witnesses explain their side of the story (called giving testimony). Also, documents are given to the judge (called offering exhibits to the court). Learn more about the process to appoint a permanent guardian of a minor here: Permanent guardianship of a child.

If you have an upcoming hearing to decide if a permanent guardian is needed, you may have the right to a court-appointed lawyer. For more information, read: The right to a court-appointed lawyer in a guardianship case.

No. A guardian does not have power or control over the child's major assets, if they have them. Examples of major assets are a bank account, trust fund or real estate. If a child has major assets that need to be managed, the court appoints a conservator.

If your child is in a guardianship, the guardian has to give certain information to both you and the Probate and Family Court. There are 2 main ways the guardian must keep the court up-to-date.

Change of address

A guardian must tell the court in writing about any changes to their or the child’s home address or telephone number. They have to tell the court within 30 days of the change. The guardian can do this in person at the registry, by mail, or online through e-filing (if available). They should also send you a copy.

Annual Report form

A guardian has to file an Annual Report of Guardian of Minor about the child they care for. They have to file this form every year. The court does not remind a guardian to file their report.

Guardianship of a minor ends when either:

• the child turns 18 years old or
• if the court orders it to end. A court order would happen because someone files to end the guardianship.

For more information on guardianships ending, see How to end guardianship of a child.