Legal Question in Elder Law in Massachusetts

Neglect by Guardians

How do I get the guardianship and the GAL removed for an elderly gentleman whose medical attention has been neglected?


Asked on 4/03/09, 11:04 am

2 Answers from Attorneys

Denise Leydon Harvey Harvey Law Offices

Re: Neglect by Guardians

You can also contact your local elder services agency. Elder services agencies can initiate a protective services case and will take steps to investigate the situation.

Good luck -

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Answered on 4/06/09, 9:52 am
Alexis Levitt Law Offices of Alexis Levitt

Re: Neglect by Guardians

This will involve a court proceeding. Each court does things a little differently, so you will need to check on procedure at the court house that is handling the current guardianship. They may require you to bring a new petition, essentially redoing all the steps that were done for the first one - medical certificate and all the pleadings. Presumably the current guardian will not agree with your assessment that he or she is not doing her job well and will contest the change of guardian. In that case, in all likelihood the court will appoint a GAL - essentially an attorney who acts as investigative reporter - to give the court an objective summary of the facts. It won't be a walk in the park, but if the current guardian is truly not acting in the ward's best interests, it would be well worth the effort.

Good luck.

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Answered on 4/03/09, 11:21 am


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