A Conservator may be appointed to manage property of a minor or incapacitated person as set forth herein.
The appointment of a conservator may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money, real property or personal property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for support and education and that protection is necessary or desirable to obtain or provide money.
All forms that are linked here can be filled out by the applicant on-line. However, the applicant still needs to print out the form, sign it and then submit it to Plymouth County Probate and Family Court either by mail or in person.
What to file:
- A filing fee of $270.00 is required for the Petition, Bond, Surcharge and Citation. (Payable to “Plymouth Probate and Family Court”. Bank check or money order is required. No personal checks are accepted.)
If an emergency exists and a Temporary Conservatorship Appointment is needed, you must also file the following:
- Motion for Temporary Conservatorship
- Emergency Affidavit in support of the Motion for Temporary Conservatorship
- Temporary Bond. A fee of $75.00 is required. (Payable to “Plymouth Probate and Family Court”. Bank check or money order is required. No personal checks are accepted.)
- Motion to waive or shorten notice.
- See link above to Mass.gov for most current forms, or visit the Plymouth or Brockton Registry Offices.
Where to file:
All papers above should be filed:
By mail to:
Plymouth County Probate and Family Court
ATTN: Probate Department
52 Obery Street, Suite 1130
Plymouth, MA 02360
In person at:
|Plymouth County Probate and Family Court
52 Obery Street
Plymouth, MA 02360
|or||Plymouth County Probate and Family Court
215 Main Street
Brockton, MA 02301
What to Expect after you file:
If this is an emergency: Once you file all your papers with the Court, you will go before the Court that day. The Court may enter an Order appointing you Temporary Conservator. Note that this appointment is only TEMPORARY and limited to the time period established by the Court. The court will give you copies of the order of temporary conservatorship along with a notice form. It is your responsibility to deliver or mail a copy of the order of temporary conservatorship along with the Notice of Temporary Conservatorship to all persons interested within seven (7) days as provided in the notice. Once you notify the interested parties, you MUST file with this court within seven (7) days of the date of appointment, the “Certificate of Service,” listing who was served and what type of service was made. A citation will issue shortly that must be served on all parties interested. If no objections have been filed on before the return date, and if your petition with proof of service of citation is completed correctly, your Petition for Conservatorship will be scheduled for a Case Management Conference.
If this is not an emergency: Once you file all your papers with the Court, the Court will issue a citation with a return date. You must comply with service of this citation on all parties interested prior to the return date. If no objections have been filed on or before the return date, and the proof of service of citation is completed correctly, your Petition for Conservatorship will be scheduled for a Case Management Conference.
If the matter is contested, the Court will schedule a Pre-Trial Conference. At the Pre-Trial Conference, a trial date will be established if the matter is not resolved.