Legal Question in Wills and Trusts in Massachusetts
In ma is it really necessary for a husband to get a court to give guardianship for his incopacitated wife
Asked on 6/09/10, 8:56 am
2 Answers from Attorneys
Alexandra Golden
Golden Law Center
Guardianship of the person is required where there is no health care proxy, so that someone has the authority to make medical decisions. A conservatorship is required where there is no or an inadequate power of attorney to make financial decisions, to sell real estate, or to manage assets which belong solely to the incapacitated person. Being married is not a substitute for the court appointment. The fact of the marriage is relevant only in that the court will usually award the appointment to the spouse unless the spouse declines the appointment or lacks capacity himself.
Answered on 6/09/10, 12:05 pm
henry lebensbaum
Law Offices of Henry Lebensbaum (978-749-3606)
yes, if you want to help her.
Answered on 6/09/10, 12:13 pm
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