Mass. Prob. & Fam. Ct. Standing Order 1-25

Introduction

The Probate and Family Court is committed to protecting adults in Massachusetts who are under permanent guardianship or conservatorship. This Standing Order establishes the Office of Adult Guardianship and Conservatorship Oversight (“OAGCO”) in the Administrative Office of the Probate and Family Court. The purpose of the OAGCO is to monitor adult guardianships and the filing of conservatorship Accounts pursuant to G. L. c. 190B. This Standing Order does not apply to guardianship and conservatorship cases involving minors.

1. Data collection responsibilities

The OAGCO will collect and report data about adults under guardianship and conservatorship in the Probate and Family Court to the Administrative Office of the Probate and Family Court.

2. Oversight responsibilities

a) Monitor/Track

The OAGCO will monitor the adult guardianship and conservatorship docket in each Division of the Probate and Family Court. It will track if permanent Guardians have filed their annual Guardian’s Care Plan Report. It will also track if permanent Conservators have filed their required Accounts.

b) Compliance

For any Guardian’s Care Plan Report and Conservator’s Account that is more than 30 days past due, the OAGCO will issue a Notice of Noncompliance to the Guardian or Conservator and notify the Division in which the case is pending that the Notice has been sent. If the Guardian or Conservator fails to file their overdue Report or Account by the date stated in the Notice of Noncompliance, the OAGCO will notify the Division of the continued noncompliance.

c) Review

The OAGCO will review filed annual Guardian’s Care Plan Reports pursuant to a protocol approved by the Chief Justice. The OAGCO will notify the Guardian and the Division of the results of the review.

3. Collaborate with aging and disability network partners

The OAGCO will promote collaboration and foster working relationships and communications with federal and state executive branch agencies, non-profit organizations, and aging and disability network partners.

4. Education

The OAGCO will maintain a dedicated OAGCO webpage with information about adult guardianship and conservatorship on the Probate and Family Court website at mass.gov. The OAGCO will help educate the public on guardianship and conservatorship issues. This may include responding to questions or concerns about reporting requirements; the well-being of an adult under guardianship; alternatives to guardianship; and procedures to restore the adult’s rights.