Legal Question in Wills and Trusts in Massachusetts

Re: conseavorship

Conservatorship is granted on the grounds of "mental weakness." Your son would have to either voluntarily allow himself to be evaluated by a mental health professional or you would have to get a court order to get evaluated. You would then need to file for conservatorship and give him and his heirs at law notice. He would have the right to oppose the petition and request a trial on the merits.

If he is competent and willing, you may find it easier to have him give you a power of attorney and allow you to help him.

Re: conseavorship

If your son does not suffer from a mental weakness, then it is unlikely you will be able to get a conservatorship. Your best bet is to get a Power of Attorney to manage his finances for him.

He may not realize his problems and straighten out until he has to file bankruptcy. My only suggestion is that you do not go broke for him by lending him money or giving him money. He needs to learn to deal with his finances.

Assuming you can not do that, I would suggest that you set-up a spend thrift trust for him if you plan to leave him any money from your estate.

I wish I could be more helpful. Good Luck.

Re: conseavorship

A Petition for conservatorship requires proving your son mentally incompetent.

If that can not be done, you might try asking him to grant you a durable power of attorney to handle his financial affairs.

Any funds you intend giving him during your lifetime or by Will, you should consider placing in a spendthrift trust.

Good Luck! Your son is fortunate to have such a concerned parent.