Free Sample of Temporary Legal Guardianship Form - PDF by jsi64629

VIEWS: 12,466 PAGES: 24

More Info
									IF YOU
REPRESENT
YOURSELF
IN A
GUARDIANSHIP
OF A
MINOR CASE

READ THIS
WRITTEN BY THE BOSTON BAR ASSOCIATION    rL
PUBLISHED BY THE BOSTON BAR FOUNDATION
           CONTENTS OF THIS BOOKLET
    o What is Guardianship of a Minor?                              Page 3

    o   Who Can file For Guardianship?                              Page 3

    o   How to File and Serve a Guardianship Petition               Page 4

    o   How to File An Appearance to Object to the
        Guardianship                                                Page 7

    o   How to Obtain or Remove A Temporary Guardian                Page 7
    o   Emergency Motions                                           Page 9

    o   How to Obtain Permanent Guardianship                        Page 10

    o   Checklist for Party Filing for Guardianship                 Page 11

    o   Checklist for Party Served With a Guardianship Petition Page 12
    o   Sample Forms                                                Page 13
I
    Many guardianship cases arise where the parents are unfit or unable to
,
I
    carry out their duties as parents and the child does not have any real
    estate, bank accounts or other property. In many cases, no one, except
1   perhaps one of the parents has obtained a Court order for custody of
    the child. This booklet is intended for such cases.

1   This booklet and its forms are only directed to parties in guardianship
    cases which do NOT involve children who have property. If the child
    has real estate, bank accounts or anything else of substantial value, the
    person filing for guardianship must obtain a "surety" on a bond. Such
    a case is beyond the scope of this booklet.

    An explanation of the "Standby and Emergency Guardianship" law
    which may be useful in planning for the needs of children of terminally
    ill parents or in medical emergencies is not included and is beyond the
    scope of this booklet. The forms and procedures for use of this law are
1   NOT included in this booklet.




                                       2
                 GENERAL INFORMATION
                  ABOUT GUARDIANSHIP
           WHAT IS GUARDIANSHIP OF A MINOR?

A child's parents are usually the child's legal guardians. The Probate
and Family Court can also appoint a legal guardian for a minor child
under the age of eighteen. A child's legal guardian has the right to make
all decisions about the child's care and custody. This includes deciding
where the child lives, attends school, or receives medical care.

The child is sometimes referred to as the ward in a guardianship case.
A person who appears before a Judge without an attorney is called a
"pro se" (pronounced "pro say") party.

    WHO CAN FILE FOR GUARDIANSHIP OF A MINOR?

The law allows any person to ask to be appointed guardian of a minor
child, with or without the consent of the child's parents, if the parents
are "unfit" to have custody of the child.

If a parent is "unfit," this means he or she is unable to carry out his or
her duties as a parent. This includes situations where a parent has
abandoned the child and placed the child in your care. Likewise, in
some cases, a parent may have personal problems which make him or
her unable to care for and raise the child.

In addition, the parents may agree that you should be appointed guardian
of the child. If so, the parents can indicate they agree by signing the
Guardianship of Minor r'petition form. A child who is fourteen (14)
years of age or older may ask the Court to appoint you as his or her
guardian by "nominating" you as the guardian before a Notary Public
who will also sign the Guardianship o Minor r'petitionrr
                                        f                  form.

Guardianship petition forms are available at the Probate and Family
Court. Sample forms are included in this booklet.




                                    3
         FILING AND SERVING THE
      GUARDIANSHIP OF MINOR PETITION
STEP 1      You must fill out and file the Guardianship of Minor
            petition form in the Probate and Family Court in the
            county where the child resides. Also, you must file an
Filing      Affidavit Disclosing Care and Custody Proceedings
the         form indicating which, if any, Courts have entered
Petition    custody orders for the child or have cases pending
            involving the child.

            If the parents agree that you should be the guardian, be
            certain to have the parents sign their names on the
            Guardianship of Minor petition. Likewise, if the child
            is fourteen (14) years of age or older, he or she should
            "nominate" you as Guardian before a Notary Public,
            who will sign the form to show that the child agrees that
            you should be his or her guardian. If the parents do not
            sign the form, or the child, if he or she is age fourteen
            (14) or older, does not "nominate" you in front of a
            Notary Public, the case is more complicated and will
            require publication of a legal notice in the newspaper
            and certified mail to interested parties.

Waiver of   You may file an "Affidavit o lndigency" form to ask
                                          f
FW          that the Court let you file the petition for free, and that
            the Commonwealth pay for the cost of having notice of
            the filing of the guardianship case published in the
            newspaper. This newspaper publication will be required
            if the parents did NOT sign the petition or a child, age
            fourteen (14) or older, did not "nominate" you as
            guardian, indicating that they all agree that you should
            be the child's guardian.

            You should file the "Affidavit of Indigency 'Iat the same
            time that you file the Guardianship of Minor petition
            and only if you receive public assistance or cannot
            afford to pay these expenses.


                                4
STEP 2

Filing      You must file a Bond form with your Guardianship of
a           Minor petition which indicates if the child has any
Bond        real estate or other property. The purpose of posting a
Form        bond is to protect the child's assets.

            If the child does not have property, you should check off
             If Without Sureties I f on the Bond form and ask the clerk

            to file your Bond "Without Sureties. I' This means that
            no one else other than the person filing to be the
            guardian needs to sign the form. A sample Bond form
            for a child with no assets is on page 16.

            If the child has real estate or other property, your
            situation is beyond the scope of this booklet. It is
            advisable that you consult an attorney.

STEP 3      After you have filed the Guardian of Minor petition,
            Affidavit Disclosing Care and Custody Proceedings
Geta        form and the Bond form, you will receive a Docket
Docket      Number for your case which you should write down
Number      because it is used to identify and find your Court file.
            Whenever you go to Court, have the Docket number
            with you; put it on any papers that you file in Court.

STEP 4      Skip this Step and Step 5 and 6 if the parents signed
            the Guardianshippetition and the child, if age 14
Serve       or older "nominated" you as guardian in front of
BY          a Notary Public. When you file the petition form, you
Certified    should obtain a Notice of Guardianship form (also
Mail        called a "citation") UNLESS the parents gave their
            "assent" by signing the petition AND the child, if he
            or she is over age fourteen (14), ."nominated" you as
            the guardian as indicated by a Notary Public signature
            on the Guardianship petition which you filed in Court.




                                5
STEP 4       NOTICE BY CERTIFIED MAIL (Continued)

            The Notice of Guardianship form will indicate a date
            by which the parents and any interested party must file
            a written "Appearance" form in Court if they object to
            the guardianship. This is called a "return date."

            If the parents did not sign the petition, or a child, age
            fourteen (14) or older, did not "nominate" you, you
            must mail a COPY of the Notice of Guardianship form
            by certified mail, at least fourteen (14)days before
            the "return date" to the parents, to the child if he or
            she is over the age of fourteen (14), to any person
            who has a Court order of custody for the child, and
            to any person the child lives with.

            Be sure to mail a COPY of the Notice of Guardianship
            form instead of the OFUGINAL Notice of Guardianship
            form because you will have to return the ORIGINAL
            form to Court.


Step 5      Unless the parents and the child, if he or she is age
            fourteen (14) or older, sign for the certified mail OR
Publish     file an "Appearance" form in Court, you must publish
In          the Notice of Guardianship form in the newspaper at
Newspaper   least seven (7) days before the "return date" which is
If          the date by which other parties must file a written
Letter@)    "Appearance" form if they object. If you do not meet
Not         the deadline and are late in giving notice, you will have
Picked      to give notice all over again. To avoid problems, mail
UP          out the copy of the Notice of Guardianship form and
            arrange to publish it in the newspaper before the "return
            date."

            Be sure that you give the newspaper a COPY of the
            Notice of Guardianship form. You must return the
            ORIGINAL Notice of Guardianship form to the Court.



                                6
STEP 6         After the notice is published in the newspaper, you
               should tear out the page with the notice for your case
File           from the newspaper to prove that the notice was really
Proof          published. You should, also, get receipts for the certified
of             mail. You must file the receipts for the certified mail
Service        and the newspaper page in Court.

                In addition, you must fill out, sign, and file the "Return
                of Service" part of the ORIGINAL Notice of
                Guardianship form and file it in Court swearing that
                notice was mailed and/ or published as required by
                the Court. A sample "Return of Service" for a Notice
                of Guardianship is included in this booklet.

                   FILE AN APPEARANCE
           IF YOU OBJECT TO THE GUARDIANSHIP

If you are a parent and receive a Notice of Guardianship, it is advisable
that you seek advice from an attorney. If you object to the Court
appointing a guardian for your child, you must file a written
 "Appearance" form to object to the guardianship by the "return date"
listed in the Notice of Guardianship and send a copy to the other party.
A sample Appearance form is included in this booklet.

             HOW TO OBTAIN OR
        REMOVE A TEMPORARY GUARDIAN
The Judge can enter an order for temporary guardianship after the
guardianship case is filed in Court. To obtain a temporary guardianship
order, you must file a motion form requesting temporary guardianship.
If you are a parent and a temporary guardianship was entered which you
object to, you can file a motion to remove the Court appointed guardian.

All motions must be filed in Court with a proposed order which tells the
Judge what you want ordered. Sample motions and proposed orders are
included in this booklet. When you file the motion and proposed order
in Court, you can get a hearing date from the Court. The other parties
must be given copies of the motion and proposed order with notice of the
hearing date. Blank motion forms are available at the Court.

                                   7
           TEMPORARY'GUARDIANSHIP (Continued)
You are required to give the parents, the child, if age fourteen (14)
                                                                             .
or older, any person who has a Court order of custody for the child
and any person who lives with the child, advance notice, in writing,
of the date, time and place of the hearing with copies of any motions
and other papers which you file in Court. If you "serve" the motion,
proposed order and other papers by mail, the papers must be mailed at
least 10 days prior to the hearing. If you hand-deliver the motion before
4:OO p.m. (instead of mailing it), 7 days notice is adequate. If notice of
a hearing or copies are not properly served, the Judge usually will not
hear the motion.

If you or the other parties have trouble speaking or understanding
English, or are in need of a Sign Language interpreter, ask for an
interpreter through the Register's Office as soon as you know your
hearing date. Opposing parties are not allowed to interpret for each
other. If an interpreter is not present at the hearing, the Judge may
postpone the hearing to a time when an interpreter is available.

         WHAT HAPPENS WHEN YOU SEE THE JUDGE

Dress in a way that shows respect for the Court. Avoid wearing jeans,
T-shirts, tank tops, or cut-off shirts. Be sure to arrive on time. If you
do not appear, the Judge can enter orders which you may not agree with.
The Judge is called "Your Honor." Listen carefully to the Judge's
questions. Talk to the Judge in a way that gets to the point and is clear.
Tell the Judge exactly why you want guardianship, or why you oppose
it. Usually, the party who filed the motion speaks first and then any
other party is given a chance to reply. Wait until it is your turn to
speak, and do not interrupt the other party or the Judge.

The Judge can order guardianship of the child even if a parent does not
agree if the Judge decides that such an order is in the child's best
interests and there is clear and convincing proof that the parents are not
fit to care for the child. The Judge may tell you what is ordered before
you leave the Courtroom. If the Judge takes your case "under
advisement," this means that the Judge wants more time to decide the
case. The Court will mail you a copy of the decision once it is made.


                                     8
                             EmRGENCY MOTIONS

       If an emergency arises, you are permitted to seek an emergency order of
       temporary guardianship without notice to the parents or other parties, but
       there must be EXTREME CIRCUMSTANCES and VERY GOOD
       REASONS why you are unable to give notice of the hearing. To obtain
       such an order, you must file a motion for temporary guardianship with
       an ffaffidavitf'sworn written statement) explaining why you should be
                     (a
       appointed guardian without notice and a proposed order which tells the
Id
       Judge what you want ordered by the Court.

         NOTIFYING THE PARENTS AND CHILD OF TEMPORARY
                     GUARDIANSHIP ORDERS
ccsc
       If the parents did NOT sign the petition, or a child who is age fourteen
       (14) or older did not "nominate" you in front of a Notary Public, Probate
       Court Rule 29B requires that the person who was appointed temporary
       guardian give notice in writing within three (3) days of the temporary
       guardianship order to the parents, a child who is age fourteen (14) or
       older, any person with a Court order for custody of the child and anyone
       who lives with the child. The appointed guardian must file an "Affidavit
       of Notice Under Rule 29B" with the Court swearing that he or she gave
       written notice of the temporary order to the parents, a child age fourteen
       (14) or older and any other interested parties.     I




       A sample Affidavit of Notice Under Rule 29B which can be mailed or
       hand-delivered to the parents, a child over fourteen (14) or other parties
       is included in this booklet.

             HOW LONG DOES A TEMPORARY ORDER LAST?

       The Court can enter an order for temporary guardianship for a period up
       to ninety (90) days. A party must file a Motion to renew the temporary
       guardianship order if the temporary order will expire before the hearing
       on "Permanent" guardianship.




                                          9


                                                                                    !
                              ',

HOW TO OBTAIN "PERMANENT"GUARDIANSHIP
In order to obtain "permanent" Guardianship, you must request a hearing
date from the clerk of the Probate and Family Court.

               SHORT PROCEDURE
CASES WITH "ASSENT" BY PARENTS AND CHILD OVER 14

If the parents signed the petition AND the child, if he or she is age
fourteen (14) or older "nominated" you on the petition, which shows
they agree to your appointment as guardian, you can ask the Court clerk
to schedule a hearing for "permanent guardianship" when you file the
petition. You then must appear on the hearing date and ask the Judge to
appoint you the "permanent guardian. You should be prepared to
                                        'I


explain your relationship with the child and why you should have
guardianship. If the Judge finds that your request is in the child's best
interest, he or she will enter an order for permanent guardianship.

                     LONGPROCEDURE
                 CASES WITHOUT AGREEMENT

You must ask the Court clerk to schedule the case for a trial on whether
you should be the child's "permanent" guardian. If the parents did not
sign the guardianship petition, or a child over age fourteen (14) did not
nominate you, the hearing for "permanent" guardianship will not be
scheduled until you send out the required notice by certified mail,
publish it in the newspaper if required and file your "Return of Service"
with the Court. The hearing for "permanent" guardianship will be
scheduled after the "return date" when the parents or other interested
parties must file an Appearance form if they object.

You should appear at the hearing and be prepared to tell the Judge what
you want ordered by the Court and why. Get your papers in order so
you can find them easily while you are in court. It is very important
that you consult with and obtain an attorney before any hearing if
you have not reached an agreement with the other parties in the case.
Rules of evidence apply at trials. The Judge is not required to consider
evidence you may think is important if you do not follow the rules of
evidence in presenting the evidence.

                                   10
              CHECKLIST FOR A PARTY
             FILING FOR GUARDIANSHIP

  Court cases are serious; consult with and get lawyer if possible. File:
  -Guardianship of Minor (Without Sureties) petition and if possible,
  have parents sign, AND have the child "nominate'' you (before a Notary
  who signs the petition) if the child is age fourteen (14) or older.
- Affidavit Disclosing Care and Custody Proceedings form
- Bond form (Without Sureties)

 File Affidavit of Indigency if the parents or child over 14 did not sign
 petition (or nominate you) and you cannot afford to publish the notice.

 Obtain Notice of Guardianship form. If the parents did not sign the
 petition or a child over 14 did not nominate you, "serve" the papers
 sending a COPY of it by certified mail to: 1) the parents; 2) the child,
 if age 14 or older; 3) any person who lives wt the child; 4) any
                                                  ih
 person with a custody order for the child; if any of these parties do not
 pick up the certified mail, you must publish a COPY of the Notice of
 Guardianship in the newspaper.

 File proof of service. Sign and fill out "Return of Service" part of
 ORIGINAL Notice of Guardianship form and return it to Court with
 the certified mail receipts and the newspaper page if it was published.

 File motion for temporary guardianship and proposed order, get hearing
 date, serve parties copies of motion, proposed order, hearing date notice.

 Get your papers in order so it is easy to find them while in court; gather
 documents, records, witnesses, other proof that parents are "unfit" and
 that it is in child's best interest that you be guardian.

 Prepare for motion hearings and attend motion hearings:
 - Find your Courtroom and check in with the Courtroom Clerk.
 - File documents with ClerW give other party a copy.
 - Go to the Family Service Office if referred there.
 - Get copy of any agreement you sign and copy of Court order.
 - Serve parent, child over 14 and any interested parties with notice of
 order and file "Rule 29B Affidavit of Notice." (See booklet sample).

 Request, prepare for, appear at hearing on Permanent Guardianship.

 Tell the Court why guardianship is in child's best interests & present
 proof parents are unfit if parents and/ or child over age 14 do not
 agree to Guardianship.

                                 11
            CHECKLIST FOR A PARTY
     OPPOSING OR SERVED WITH GUARDIANSHIP

     Read the petition and other papers on file in Court to determine what
     the other party is seeking and saying about you.

     Court cases are serious; consult with and get a lawyer if possible.

     If you object to the Guardianship, file an "Appearance"form by the
     "return date" listed on the Notice of Guardianship.

     You can file a written "Opposition"if you object to the Guardianship
     petition or any motion for a temporary Guardianship order.

[I   If the other party obtained temporary guardianship without notice to
     you or you want the temporary guardian removed before the hearing on
     permanent guardianship, you can file a motion and proposed order,
     obtain a hearing date, serve other party with copy of motion, proposed
     order and notice of hearing date. See sample Motion To Remove A
     Temporary Guardian.

     If you object to the Guardianship, gather documents, records, witnesses
     and other proof that you are a "fit" parent and that it is in the child's
     best interest that you keep or have custody returned to you.

     Prepare for any hearing. Know child's date of birth and be prepared
     to talk about your fitness as a parent. Get your papers in order so you
     can find them easily if you need them while you are in court.

     Attend any hearing:
     - Find your Courtroom.
     - Check in with the Courtroom clerk.
     - File documents with Clerk/ give other party a copy.
     - Go to the Family Service Office if referred there.
     - Get a copy of any agreement you sign.
     - Tell the Court what you want ordered and why.
     - Get copy of Court order.
     Prepare for and appear at any hearing for Permanent Guardianship.

     Tell Court why you are fit for custody and why it is in child's best
     interest that you have custody; present proof of what you say.


                                    12
     SAMPLE COURT FORMS, MOTIONS, AITIDAVITS
                   FOR A PARTY SEEKING GUARDIANSHIP

.    GUARDIANSHIP OF MINOR "WITHOUT SURETIES" PETITION

.    AFFIDAVIT DISCLOSING CARE AND CUSTODY PROCEEDINGS

,    BOND "WITHOUT SURETIES" FORM

.    RETURN OF SERVICE FOR NOTICE OF GUARDIANSHIP FORM
     (Used only if parents did not sign petition, or child age 14 or older did
     not nominate you).

.    SAMPLE PROPOSED TEMPORARY ORDER

.    MOTION FOR TEMPORARY GUARDIANSHIP

.    AFFIDAVIT IN SUPPORT OF TEMPORARY GUARDIANSHIP

. RULE 29B NOTICE OF TEMPORARY GUARDIANSHIP
         (Used to give notice of entry of a temporary guardianship order)

                   FOR A PARTY OPPOSING GUARDIANSHIP

.        APPEARANCE (FILED TO OPPOSE GUARDIANSHIP)

         MOTION TO REMOVE TEMPORARY GUARDIAN



    I
    I      THESE SAMPLE FORMS ARE INCLUDED AS A PUBLIC
           SERVICE AND DO NOT CONSTITUTE LEGAL. ADVICE AS TO
           WHETHER IT IS ADVISABLE TO FILE A COMPLAINT FOR
           GUARDIANSHIP, AN APPEARANCE OR THESE TYPES OF
           MOTIONS AND FORMS. LEGAL, ADVICE CAN Oh!LY BE
           G I E N TO YOU BY YOUR AiTORNEY AND DECISIONS ABOUT
                                                 IL
           WHATLEGALACTION SHOULD BE TAKEN WL DEPEND ON
           THE FACTS RELATING TO YOU, OTHER PARTIES AND THE
           CHILD or CHILDREN.
    I'




                                          13
           SAMPLE GUARDIANSHIP OF MINOR COMPLAINT

 If parents assent, have them sign this form. If child is age fourteen
 (14) or older, have the child "nominate"you in front of a Notary
 Public and the Notary Public Will sign the form too.
                            EE
        FILL I N OF C O W W R                                                                                               FILL IN YOUR
      * THE COURT I S LOCATED.                                                                                              DOCKET MIEIBER.
        ASK C E K IF YOU DO NOT
             LR                                                                                                             THE CLERK WILL



                                                                                                                     -
        KNOW I T .                               Commonwealth of Massachusetts                                              GIVE YOU THIS NUMBER.
                    4                                          me Trial Court                                                    4
                 c O y ~ t YDlvlrlon
                                                                                 -
                                                     Probate and Family Court Department
                                        Guardlanshlp of M i n o r m Without                      - Sureties
                                                                                                                      No.
                                                                                                                            Cross   Out   "With"




for f (2)
each
child   f3'
        'If the petilioner is an agency then only one ward is permittedon each petilion. Eachward must have the Same
      . mother and lather to be listed on the same petition.




                                                                        brothers,aun!s,or undes(whoareover18):
           Listthena~sofparenls,ifknorm,othemisenamegrandparents,sisteffi.
                         Name                        flaaldsnce                     Relationshlp
                    ;eft=        C r p u I P t , 14     one      hurnr      .\r,,,<=      , ~ A . ~ I ~ I oI t h c R 4
                                                                                                      ~\n                           p i l l in"mother"
                         Nonfa:uc,
                                   U     '
                                             2 Jill,
                                              '          Trrrc-e        , km&du , m~
                                                                             ...
                                                                                                      'cfiqqv          FatL,r$pill         in   'Ifather"




                                                                     -
                       idarb- no1 - entiiled to benefis, estale, or income paid or payable by or through Ihe United Sfales
             eterans Admlnistration. w c a r t i f y lhat h e ward's estate     -w -
                                                                                  s                   -
                                                                               does not exceed $100.00.
appliee


and
           WHEREFORE, the petitioner(s)pfay(s) that shepdy -orsome othersuilableperson-be appointedIheguardian
                minow- and the estale -with
           Date F i k w u V a , 1996 ~ e -&- a     ,&
                                                       us
                                                       cg
                                                      -@-without                 -                        -
                                                                   surely on the bond the parenl(s) being unfil.
                                                                  CROSS OUT "WITH"
s i g n 2                                T                   d pCUmdll11                              lsbuhn.   Of   Ws2ml(211

                                                             Nomlnalion of Ward(*)
            Then personalty appeared
                                                                ( P R I M rumddiwrm)l
            minor(s) being above the age of fourteenyears.who nominate(s)
                                                                                       lo be hiYhBrilheir guardian.
                                       IPAINl rum6 d mmhwl
            Y
            Beforeme.
                                                                      , M "d
                                                                      ,---
                                                                       ' " rd.  - M ly Commission Expires

                                             _-                                                                                      -3

                                                                 Parental Assent
                  e. the surviving parenl(s)%-of              the minor hereby assent(s)to the granting of the foregoing petilion.

             Date Fb~reyl.l?lL
                                                 U
                                                                      OECREE
                  rsons interested havingb e e n notified in amrdanm with the law or having assented and no objections being
            made thereto,
            itlsdecreedthat
            of


            be w i n l e d   ~                                                                   -
                                                                   guardian-with custody 01 Ihe person- and 01 the estate - 0 1
            the above. named mincr(s).first Q'Mngbond with                             surelies for the due performance 01 the trust.
            0It is turther ordered                                           :,... ,, :;..:,:.   .'

            Date




                                                                           14
                                                   ? <



                    AFFIDAVIT DISCLOSING CARE AND
                         CUSTODY PROCEEDINGS

You must list the name of the county where the Court i located. If
                                                       s
you do not know this, you can ask a clerk at the Courthouse.




                                   M   Y OT   -
                                              L"         OI   *-tm    vuor* r l l l w m

    IHE PARTY   FILING THIS AFFIDAVIT MUST FURNISH A COPY OF I1 TO ALL OTHER PARTIES TO THIS ACTION.
   UIm WIMA




                                                                     15
                                                                   O
                                                                   B m FORM

                      This sample is for cases where the child has no assets.
              FILL I N THE NAME OF                                                                                     F I L L I N YOUR
              OF THE COUNTY WHERE                                                                                      DOCKET NLlMBER
                              Is                       Commonwealth of Massachusetts
                    J.         Dlvlslon
                                                                  The Trlal Court
                                                        Probate and Famlly Court Department                        Docket No.
                                                                                                                                  \1                    4




                                                                                                                 (Check "without"
                                                                                       (   % ) without L(          and w r i t e "none" f o r
                                                                                                                   v a l u e of p r o p e r t y i f chi'Ld
                             Bond of      GuacddAe ef                   MhR
                                                       ( l y p 01 liduciary)
                                                                                       (        ) with Personal Surety has no p r o p e r t y )
     ( I n s e r t C h i l d ' s Name)
                                                                               Tr
( I n s e r t Nameand Addressof Fiduciary n r v v ufb#
 your    -
         7
           Name of Estate( I 6 M ' L ,
                      Y
                                                      n
                                                       b.nt*q"c
                                                                                      r&             C n r t l r CIW ,
                                                                                                                    L     F.
                                                                                                                           1      tptkp W Y C Y ,
 name      Estimated Real Estate    Nobe                                 /Estimated          Personal Estate         N afia
 6         Penal Sum of Bond, (if applicable)
 address)
                I, We, the undersigned fiduciary accept appointment as          GUWclLAh/
           and stand bound - in the aforesaid penal sum -with the undersigned surely or sureties -(if applicable) to per.
           form the statutory conditions 01 said bond and declare the above estimate to be lo my -our best knowledge and
           beliel.
                                                                                                                                       SIGN YOUR NAME
 date)
(Today's            Lr-
                     bu                   1
                                         2, \'IS6                                                        %//
     /                                                                                      Sigffilure 01 Fiduciary' - PrinEpal
           (complete below only i f lhis is a bond with personal sureties)
                 We, the undersigned, as sureties, stand bound jointly and severally in the aforesaid penal sum to perform Ihe
            statutory condition.

            Personal Surety's Name and Address


                                                                                  Signature

           Personal Surety's Name and Address


                                                                                  Signature

                 The above sureties are in my opinion sufficient.



                           Signature                                            mice                                    City or Town
           (complete below only if this is a Surety Company Bond)

                              We, the undersigned surety company, a corporation duly organized by law under the state of
                                                and having a usual place of business in
                                                                         (Mkuachurata addrau)

           stand bound as surety, in the aforesaid penal sum, lo perform the statutory condition.

                                                                                                                                                        ,
                                                           by                                     signat~ra niis
                                                                                                          and
                      Cwporala Surety (nsms)

                                               , ss.                                                      9
                                                                                                         1-           examined and approved.


           w-P26(1/89)                                                              Justic~Asslslant.Aeglster-olThe Probate and Family Court

                                                                               16
       NOTICE OF GUARDIlwSHlP WITH                                                                 RETURN OF SERVICE
  You only receive this form if the parents did not sign the petition or,
  if a child, age fourteen (14) or older did not "nominate" you as
  the guardian before a notary public. The "Return of Senice" must
  be filled in on the ORIGINAL Notice of Guardianship form and filed
  in Court.
 [ T h e form you r e c e i v e w i l l i n d i c a t e w h i c h n e w s p a p e r must b e u s e d t o p u b l i s h t h e n o t i c e
   a n d w i l l i n d i c a t e a " r e t u r n d a t e " f o r our c a s e
                                                                    4
                                             C O M M O N X A L T H 6 MASSACHUSETTS
                                                           THE TRIAL COURT
                                      T H E P R O B A T E A N D FAMILY COURT DEPARTyV€rN~ocket Number
     Your C o u n t y W i l l                                                                                                                          Be
     Be L i s t e d                                                                                                Listed
           y      n    t    y                Division                                                         Dxkel   h'3 96p0001
                                                            NOTICE                  OF
                                           GUARDIANSHIP. MlSOR W               .     m          - WITHOUT SURETIES
                                                                           NOTICE

               To all pcnons inreresled in Romeo f 4 o n t a n u e Jr.
                                                                               in u i d County                                            , I minor
COURT                                                                                                      nary Nontague
               A pctition har b x n prelented in the 8 b o v c u p t i o m d rmltcr praying that
                                              w i t h c u s t o d y , w i t h o u t g i v i n g 8 d-
                                                    -                 _____
PART
                                                                      - -
               If you desire IO object to Ihe aUowmcc of u i d petition. you or your aPorncy                 m u 1 file a wrilitn a p p r n ~ in
                                                                                                                                               t   uid%E
THE            coun at                                                                            on or before      k r c h 8, 1996                   "RETURN 1
                                                                                                                                                      DATE"
OF                                                                                                          , Esquire. Fvtt Jutice of u i d Coun at
NOTICE                                                                  , l h e b d a y a f -                                                                 I
B E L O W - L h the y u r of our Lord one thousand nine hundred end                   r I . -



                                                                                                       Donna E l e c t e d


                                                                              f
                                                                     O m L R o MOTlCE
               If u ordersd that notice of u i d p r d i k dvm by d e l i m i n i or d l m # by n$htercd or cerlified mail e mpy of the


"""'3
                                                             ~
               f m p i n i d u t i o n to . penam i o t d foufism d l y
                                          U                                                                                        d
                                                                                                                         at k u l b m
               ud mn dry and, U
                 l      r                  &     k mde bymdrc.rod o r d d mil. u n k u it t h r l l a p p u r that d pcnoru inmured
                                                                                                                   l
PUBLISH        hvc rcctivd m d o a t h . by publLhLy a copy Uwmfoncc io Ibc A' PLnrwLwrprprr
                                     u                                                    ':
                                               , e necrrppcr published in                                              ,the publish
               k bc m (I)day, et kaa kforc d d mum &)5 and h h f&                     ordmd !hat mliec thereof k # h n by delimini
               or d l i a i by mgisirred or d d d l e copy Lhmof to the United S u t a Vaentu' Adminiamtion fourma
               b y a1 l a i t More uld murn day.
                      WITNESS,      Sheila     Z. J u d m                                                  , Esquire, Fint J d a of ud Caq chb
                                                                                                                                     i
            2nd                            hY
                                            of        February                                  , 19 3.6

                                                                    RETURN Of SERVICE

                I hereby certify under the p c d h of perjury Lhrl I t n rmd lhc foremini a u l i o n by
                                                                      u
               7       ,       s      e       r      t       i       f    i     e     -
               o n F c b r u a r v 4.
               Daily Planets N        -
                                      e
                                      s
                                      w
                                       a                                 11.   i a o ~
                                                                                                                 nship
             SAMPLE PROPOSED TEMPORARY ORDER

If you file a motion for a temporary guardianship, a motion to remove
a temporary guardian, or any other motion for temporary orders, you
must file a proposed temporary order which tells the Court what you
want the Court order to say.

                  COMMONWEALTH OF MASSACHUSETTS
                          THE TRLAL COURT
                PROBATE AND FAMLY COURT DEPARTMENT

Fill in name of the county                     Fill in your docket riumber
where the court is located
   JI
[County], ss                                             Docket No. 98PO0076


GUARDIANSHIP OF                      PROPOSED TEMPORARY ORDER
JOHN DOE JR.


          Until further order of the Court, it is ordered that:
Jane Doe is appointed temporary guardian of John Doe Jr. born July 4, 1997 for a
period of ninety days to May 8, 1998.


                                     Submitted by:


Date: February 6, 1998



                                     23 SUMY Street
                                     Anywhere, MA 12345
                                     (0 12) 345-6789

                                Certificate of Service

I certify that on February 6, 1998, I mailed a copy of the above proposed order to
John Doe at 14 Red Street, Newtown, MA 56789 and to Janice Doe at 15 Blue
Street, Oldtown, MA 12345.




                                         18
                  MOTION FOR TEMPORARY GUARDIANSHIP
If you file a motion, you must file a proposed temporary order which
tells the Court what you want the Court order to say. See page 18 for
an example of a proposed order.

  Y O U MUSC    Fill In che Name
  of cha Councy mere t h e                                 Commonwealth of Massachusetts                                                   You Muac Ptll In

 c>
  C o u r t i s Locaced
         [Councyl       Dlvlslon
                                                                        The Trlal Court
                                                             Probate and Family Court Oeparlment                                 Docket
                                                                                                                                           Your Docket Number
                                                                                                                                               No.           J.




                          -
       In Re:          G u a r d i a n h i p of                                                                      MOTION FOR
                                            V.                                                                    Temporary G u a r d i a n s h i p

       (Name of C h i l d )


                    Now comes                    (Your Name)                                            , Ihe ~ U p e t l l i o n e r i r e 4 g e a c l o o l .
                                                           inm.3 0 m x pvnl
                                                                  1 wl
       in this action who moves lhls Honorable Court as Iollaws:                             That I be x r a n c e d CemPorarY custody

        of (Name o f C h i l d ) p e n d i n g a h e a r i n g o n my P e t i t i o n for Permanent G u a r d i a n s h i p .

        AS r e a s o n s f o r my a p p o i n t m e n t . 1 s c a c e t h e f o l l o v i n x :                          ( S c a c e che f a c t s r e g a r d i n g

            che c h i l d ' s l i f e , a g e r e s i d e n c e , who t h e c h i l d is c u r r e n t l y l i v i n g w i t h , y o u r

            r e l a c i o n s h i p co c h e c h i l d , what t h e c u r r e n t problem is, and why                                        YOU        shauld have

            c u s t o d y of t h e c h i l d .             (Yau c a n a c c a c h scacemencs from c h e r a p i s c s , d o c c o r s ,

            t e a c h e r s , c h e Oepartmenc of S o c i a l S e w i c e s (USS). etc t o v e r i f y your s t a t e m e n t s .



                                                                                                                         SIGN HERE
       I                                                                          I/                                           Iw"at"r.1




                                                                                  /
             The within motion is hereby                                                    Princ Your Name ( N e a t l y                      so i t        is Readat
                                                                                                                             lPRlNT nzrn.)
             ALLOWED -DENIED.
                                                                                            P r i n c Your Screec A d d r e s s                         h*
                                                                                                                            l a m~ R U I
                                                                                            Princ Your C i t v . S c a c e . ZiuCade +
                                                                                                                                     ,
                                                                                                         ronWl-1                              111a1.1          I I I O meat

                                                                                          Tel. NO.      :(%
                                                                                                        $![              L i s c Your Phone Number
                                   J u s t a 01 I u P-l.
                                                1             am Fvrvly Cavn
                                                                                           Date:                         Today's Date
                                                                      NOTICE OF HEARING*
                                                                                                                  (Fill in l o c a c i o n of Court
                    This Motion will be heard at the Probate and Family Court in                                                                                        )     *
                                                                                                                                             IWhl
       on (Fill in d a c e o f h e a r i n % ) *                                      at ( F i l l in Time o f . H e a r i n g )
                                                                                                   ~~         ~
                                                                                                                                                *
                                     lmnWal.riv*Ul
                                                                                               111111 01 h*Mn)l      *You o b c a i n c h e d a c e , t i m e
                                                       CERTIFICATE OF SERVICE                                         a n d p l a c e of h e a r i n g from
                     I hereby certity that I have served a copy 01 this motion upon'                                  che C l e r k .

            F i l l in Mocher a n d F a c h e r ' s names a n d a d d r e s s e s and che name a n d a d d r e s s of c h e
                           inam. 01 oany and m.u rn NM am a m r m 01 a n m y o r d- 8
                                                                             ( m.                                 zlrw   wnvw w t                d1
                                                                                                                                           d r gm .
            c h i l d . if c h e c h i l d is a g e f o u r c e c n ( 1 4 ) o r o l d e r .

       by n-  -                                                                ida,.d*Vt
                                                                                                                                 -mailing           (postage paid) on
        Dace You Mail T h i s eo che
        P a r t i e s l i s c e d Above                                                                             SIGN HERE
                            (date 01 maw1                                                                                1lglalW.l
                                                                   lNSTRUCTlONS
       I.      GEnRnU. ltler 1 MasS.R.CiV.PJMaSI.R.~m.Rel.P. and 7: PrMlate Covn Rules 6. 29. and 290.
                                    0                               6
       2.      I1 the o w s i n g party is rewesentm by an anomy who has 1I an a w a i a w e . snwrs 01 thts m i i o n
                                                                          1m                                                                   be mads on ine anwney.
      a-04ca IIWI




                                                                                            19
AFFIDAVIT IN SUPPORT OF TEMPORARY GUARDIANSHIP


                      COMMONWEALTH OF MASShCHUSETTS
                              THE TRIhL COURT
                   PROBATE iiND FAMILY COURT DEPARTMENT
      [You m u s t f i l l i n t h e              [ Y o u m u s t fill i n
      rime     of the county where the              your docket n u m b e r J
      P r o b a t e and Pamfly C o u r t
      ia l o c a t e d ]
          J/
                                                            L
      [ County1 Divis ion                        Docket No. 96P0001
      GUARDIANSHIP                         1     AFFIDAVIT IN
      OF                                   )     SUPPORT OB MOTION
      ROMEO MONTAGE J R .                  1     FOR EXERGENCY
                                           I     TPIPOFARY GUARDIANSHIP

      I, Mary Montague, swear that:
      1. I am the paternal grandmother of Romeo Montague Jr.,
      age 10, born July 4, 1985. My grandson has been living
      with me since August, 1995. My son, Romeo Montague, left
      my grandson with me in August, 1995 and asked me to take
      custody of Romeo Jr., after the child's mother, Juliette
      Capulet checked into a drug rehabilitation center.
      2.  I am moving to Boston, MA next month and I cannot
      enroll my grandson in a new school unless I am his legal
      guardian. Also, I need an order for guardianship so that
      I can authorize medical care for my grandson.
      3.    My grandson's facher, Romeo has a history of
      psychiatric problems, inclucling suicide attempts as well
      as a history of alcohol abuse. I have seen him drunk
      almost daily during the past week. Today he threatened
      to take my grandson out of school and to move to Alaska
      with him. My grandsonJs mother called me today and asked
      me to get a custody order because she fears for my
      grandson's safety because he told her that he plans to take
      the child from school and move to Alaska.
             SIGNED UNDER PENALTIES OF PERJURY.
      Date: February 2, 1996                    fla+         r ? 4 y
                                               Mary Montggue
                            CERTIFICATE OF SERVICE
      I hereby certify that I have served a copy of this
      Affidavit upon Romeo Montague, 2 Villa Terrace, Sometown,
      MA 09999 and Juliette Capulet, 14 Rome Avenue, Venice, MA
      01111 3y maiiing (postage prepaid) on February 2 , 1996.




                                    20
                                    <?




       RULE 29B NOTICE OF TEMPORARY GUARDIANSHIP

You must give notice of any temporary guardianship order to the
parents of the child, the child if age fourteen (14) or older, any
person who has an order of custody of the child, and anyone who
lives with the child.



                                       COMMONWEALTH OF MASSACHUSETTS
                                         THE TRIAL COURT
                               PROBATE AND FAMILY COURT DEPARTMENT

                [You m u f i t f i l l i n the                 [You m u s t f i l l i n
                name of the county where t h e                  y o u r d o c k e t numberl
                Probate and Family Court
                is l o c a t e d ]
                    d
                                                                            4
                [County] Division                             Docket No. 96POOO1
                GUARDIANSHIP                           )
                OF                                     1        AFPIDAVIT OF
                ROMEO MONTAGUE JR.                     )        OF NOTICE
                                                       1        UNDER RULE 2 9 8

                As required by the Probate Rules, I have given notice by
                mail (postage prepaid) to the following persons:
YOU MUST LIST
THE NAWES AND
ADDRESSES OF
T!JE PARWTS
AND ANY OTHER
PARTIES AND
SEND THEM A
                iN-                  ADDRESS
                Juliette Capulet 14 Rome Ave, Venice, MA 01111
                                                                        RELATIONSHIP

                                                                    Mother
                Romeo.Montague, 2 Villa Terrace, Sometown, MA 09999 Father
                of my apointment a8 temporary guardian of Romeo Montague Jr
                by mailing a copy of this notice to the above parties at
COPY            the addresses listed above.
                I swear under penalties of perjury that these statements
                are true to the best of my knowlege and belief.


                Date:   &ig/,,a,iIr%
                                v                 MARY MCMTAGUE
                                                  6 Castle Avenue
                                                  Forentine, MA 0 4 4 4 4
                                                   (617)111-1111




                                             21
  A~PEARANCE
           FORM

                 .. ..        A  _... ..   %
                                           ..
                                            :   .

                         PLEASE PRINT


      COMMONWEALTH OF
        MASSACHUSETTS
          ThelMalCourt
      Probate and F d y Caurt
            Department
                             DIVISION
No.    % PO0 I
Eatate of




                  22
      MOTION TO REMOVE TEMPORARY GUARDIAN

If you file a motion, you must file a proposed temporary order which
tells the Court what you want the Court order to say. For an example,
see the proposed order on page 18.




                                23
                   GET HELP FROM AN ATTORNEY

Generally, it is not a good idea to represent yourself. In any legal case, it is
advisable to get advice and representation from an attorney.

         LEGAL RESOURCES FOR LOW INCOME PARTIES

If your Probate and Family Court has a "Lawyer for the Day" program, you
may be able to get free help in filling out forms at the Courthouse.

The Department of Revenue (DOR), the state's child support agency, may be
able to help a parent obtain child support. Custodial parents who receive public
assistance automatically get free DOR services. Other parents can get
applications for DOR services at the Courthouse, or by calling 1-800-332-2733.

If you have trouble affording an attorney, some private attorneys may be willing
to put you on a payment plan. Also, you may be eligible for free or reduced
fee services from legal services programs and bar associations in your
community if your income is very low. Some local programs are listed below.

LRgal Services Program Referrals for Low Income Parties:
Legal Advocacy &Resource Center: (Boston) (617) 742-9170/1-800-342-LAWS
Community Legal Services & Counseling Center: (Cambridge) (617) 661-1010
Greater Boston Legal Services: (Boston) (617) 371-1234
Merrimack Valley Legal Services: (Lowe11)(978) 458-14651 1-800-336-2262
South Middlesex Legal Services: (Framingham) (508) 620- 1830
Volunteer Lawyers Project of the Boston Bar Association: (617) 423-0648
Reduced Fee Referrals for Low Income Parties: Ask for "reducedfee" panel
                                                                        r
Boston Bar Association Lawyer Referral: (Boston) (617) 742-0625
Massachusetts Bar Lawyer Referral Service: (617) 654-04001 1-800-392-6164
Middlesex County Bar Association Legal Clinic: (Cambridge) (617) 494-4150
National Lawyers Guild: (Boston) (617) 227-7008
                                                                         I
       THIS BOOKLET IS PROVIDED TO YOU AS A PUBLIC
   1   SERVICE AND DOES NOT CONSTITUTE LEGAL ADVICE
       WHICH CAN ONLY BE GJYEN TO YOU BY YOUR
   ~   ATTORNEY. THIS BOOKLET RELATES ONLY TO TIIE
   1   MASSACHUSETTS LAWS AND RULES IN EFFECT AS OF
   ~   FEBRUARY 6, 1998.

								
To top