Legal Question in Disability Law in Massachusetts

You are right, you must be appointed her legal guardian, and likely her financial conservator as well, once she turns 18 if she is unable to make her own personal and financial decisions. You should begin the process a few months before she turns 18. There are forms at your local probate court or online. You must bring to the court a clinical team report, a petition for guardianship / conservatorship and a bond form (if you are seeking conservatorship). You would use Worcester Probate Court. The clinical team report is a statement completed and signed by your daughter's doctor, a psychologist and a social worker stating that she is unable to make certain decisions for herself and will need a guardian and/or conservator. Usually your child's school can help you with getting these people to help.

Once you file with the court, the court will require you to notify your daughter that you are seeking guardianship. You must also notify other "parties of interest", which, depending on your circumstances, could be her father, her siblings, or others with whom she has been living. These parties of interest will have a certain amount of time within which to object to your being appointed as guardian. Once that time has passed, you can present your petition before a judge at the probate court. Because it can be confusing and time-consuming, many people do use an attorney for this.

Of course, this is a few years away and the requirements may change by that time. You should check in with the probate court or its website at the appropriate time. If you have any questions in the meantime, please let me know. Good luck to you and your daughter.