Affidavit of Indigency Massachusetts: How to Waive Court Fees for Guardianship

You need to file for conservatorship of your aging parent, but the filing fees, bond costs, and annual accounting charges are a real barrier — especially when you're already covering your parent's care expenses out of pocket. Massachusetts provides a way out: the Affidavit of Indigency.

What the Affidavit Does

The Affidavit of Indigency (Supplement to the Clerk-Magistrate) asks the court to waive or reduce fees for someone who can't afford them. In the context of elder guardianship and conservatorship, this means waiving:

• The $255 conservatorship filing fee
• Bond surcharges
• Certified copy fees ($25 each)
• Annual accounting filing fees (which can run $75–$400 depending on estate size)

Guardianship petitions themselves have no filing fee in Massachusetts, but if you're also seeking financial authority (conservatorship), the fees add up quickly.

Who Qualifies

You can file the affidavit on your own behalf as the petitioner or on behalf of the incapacitated parent if their assets are being used for care and they lack the liquid funds for court costs.

Qualification is based on inability to pay court costs without depriving yourself or your dependents of necessities. Common qualifying situations:

• You receive public assistance (MassHealth, SNAP, TAFDC, SSI)
• Your income falls below 125% of the federal poverty level
• You're financially responsible for a parent's care costs that consume most of your disposable income
• The parent's estate is small and being depleted by care expenses

The court has discretion — there's no rigid cutoff. A judge who sees that a family is spending down assets on nursing home care while petitioning for conservatorship to manage the remaining funds will often approve the waiver.

How to File

Submit the Affidavit of Indigency with your initial petition or at any point during the case when fees are assessed. You'll need to provide:

• Current income from all sources
• Monthly expenses
• Assets (savings, property, investments)
• Public benefits received
• An explanation of why you can't pay the fees

The clerk-magistrate reviews the affidavit. If approved, all standard filing fees for the case are waived. If denied, you can request a hearing before a judge.

Practical Tips

File early: Submit the affidavit with your initial MPC 120/MPC 130 petition. Don't wait until the clerk asks for payment.

Include care costs: If you're paying $3,000/month for your parent's home care or contributing to assisted living costs, list those as expenses. The court considers total financial burden, not just your base income.

Covers the whole case: Once approved, the waiver typically applies to all subsequent fees in the same case — including annual accounting filing fees and requests for certified copies of the appointment order.

For the complete guardianship and conservatorship filing process — including fee schedules, forms checklists, and strategies for managing court costs — the Massachusetts Power of Attorney & Guardianship Kit walks you through each step.

See more Massachusetts guides →