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I provide experienced legal guidance in family law, divorce and special education law. I represent parents and families throughout western Massachusetts.

What are the duties of a third-party guardian in Massachusetts?

On rare occasions a family court judge in Massachusetts may find that neither biological parent of a child can serve the best interest of the child. On those rare occasions, third parties, such as other relatives, including grandparents, or even government-appointed officers, can become the guardian of minor children.

Attorney Claudette-Jean Girard has observed various major changes that have been included in Massachusetts guardianship law after the introduction of the new Probate Code. Biological parents have been given substantial rights under the new Code, even though the guardians are entrusted with the responsibilities of the minor child in their care. In some cases, guardianship rights can be temporary in cases where the parent is incarcerated.

A guardian who has been appointed by the court has a lot of responsibilities toward the minor children. The court-appointed guardian must look after the child's emotional and physical well-being. The guardian is also responsible for helping the child with homework and for promoting and supporting extracurricular activities.

The guardian's rights, as related to the child, unlike in adoption, are not unlimited, according to Massachusetts law. While, the guardian is allowed to make some medical decisions in emergencies, the guardian is not allowed to perform any extraordinary medical procedure on the child. Guardians cannot administer any form of anti-psychotropic medications or drugs to the minor child under their care either. At our law firm we have worked with guardians in order to allow them to understand the basic procedures and the legal rights and duties of guardians, according to state laws.

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Claudette-Jean Girard, Attorney at Law
1380 Main Street,Suite 302
Springfield, MA 01103
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Phone: 413-315-5518
Toll Free: 877-622-6089
Fax: 413-886-0220
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Claudette-Jean Girard, Attorney at Law
P.O. Box 278
Monson, MA 01057
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