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If you need to apply
for guardianship of a person who is mentally retarded,
mentally ill, or has a physical incapacity, you will need to
file the appropriate papers with the Court.
All forms that are linked
below can be filled out by the applicant
on-line. However, the applicant still needs
to print out the form, sign it and then submit it to Plymouth County
Probate and Family Court either by mail or in person.
Here you will find:
What to file:
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Filing fee of $230.00
is required for the Petition and Bond. Each additional bond will cost an extra $50.00.
(Payable to “Plymouth Probate Court”.
Bank check or money order is required. No
personal checks are accepted.) |
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Petition (Click
for form) |
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Bond with
Sureties (Click
for form) A
Motion for temporary guardianship requires an
additional bond. |
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Medical
Certificate is required for mentally ill person or
a person with physical incapacity.
It cannot be over 30 days old. (Click
for form) |
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Clinical Team
Report is required with respect to a Mentally
Retarded person.
(Click
for form) |
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Motion for
Temporary Guardianship Page one and Page
two. Second page of motion MUST be
printed on the back of page one (Click
for Page one of Motion) (Click
for Page two of Motion) |
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Affidavit
to accompany motion (Click
for form) |
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Information
and Rights Form (Click
for form) |
Where to
file:
All papers above should be filed:
| By
mail to: |
Plymouth County Probate and Family
Court |
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ATTN: Probate Department |
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P.O. Box 3640 |
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Plymouth, MA 02361 |
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| In
person at: |
Plymouth County Probate and Family
Court |
or
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Plymouth County Probate and Family
Court |
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52 Obery Street |
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215 Main Street |
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Plymouth, MA 02360 |
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Brockton, MA 02301 |
What
to Expect after you file:
If
this is an emergency:
Once you file all your papers with the
Court, you will go before the Court that day.
The Court may give you a Temporary
Order for Guardianship.
This Temporary Order is only good for
30, 60 or 90 days.
All parties need to be notified that
you have Temporary Guardianship. A Case
Management Conference will be scheduled by the Court.
If
this is not an emergency: Once you file all your papers with the Court, the Court will
schedule a Case Management Conference and
issue a citation that must be served on the
other parties.
If
no objections have been filed, you may present
your petition to the court after the return
day, upon proof of service of the citation, at the assigned
judge's regular motion session, with 5 business days otice to
the Court or at the Case
Management Conference.
For
a case filed before March 14, 2005 and if an objection has
been filed, you
should file a request for assignment so that a Pre-Trial
Conference will be scheduled. (Click
for Request for Assignment) If
a matter filed on or after March 14, 2005, is contested, the
Case Management Conference will result in the scheduling of a
Pre-Trial Conference. At the Pre-Trial Conference, a
Trial date will be established if the matter is not
resolved.
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