Conservatorship Massachusetts: Filing Process, Costs, and What to Expect

Your parent has dementia, their bills are piling up, and the bank won't let you touch their accounts because there's no power of attorney in place. In Massachusetts, the legal mechanism to take control of a parent's financial affairs when they've lost capacity is called conservatorship — and it's a more involved process than most families expect.

What a Massachusetts Conservatorship Does

Under M.G.L. c. 190B, § 5-401(c), conservatorship gives you court-supervised authority to manage a "protected person's" property, financial assets, and business transactions. You can pay bills, manage investments, sell real estate (with court approval), file taxes, and handle insurance claims.

Conservatorship is strictly financial. If you also need authority over your parent's personal care and medical decisions, you'll need to file a separate guardianship petition — or file both simultaneously on Form MPC 120/MPC 130.

Filing Costs

The Probate and Family Court fee schedule under M.G.L. c. 262, § 40 is straightforward:

• Conservatorship petition: $240 filing fee + $15 surcharge = $255 total
• Guardianship petition: $0 (no filing fee)
• Bond filing: $75
• Certified copies of appointment letters: $25 each

If you file both guardianship and conservatorship together, you'll pay $255 for the conservatorship and $0 for the guardianship. Attorney fees, if you hire one, typically run $3,000–$8,000 depending on complexity and whether siblings contest.

For families with limited resources, the Affidavit of Indigency can waive court fees entirely.

The Filing Process Step by Step

1. File the petition: Submit Form MPC 130 (Petition for Appointment of Conservator) to the Probate and Family Court in the county where your parent resides.

2. Obtain a medical certificate: A licensed physician must complete a clinical evaluation documenting your parent's diagnosed condition and how it prevents them from managing their financial affairs.

3. Serve notice: The court issues a Citation that must be served on your parent in-hand at least 14 days before the return date. All interested parties (spouse, adult children, VA if applicable) receive copies by mail.

4. Background check: You must submit Form CJP 34 (CARI/WMS Release Request) for a criminal background check before the court will appoint you.

5. Attend the hearing: A probate judge reviews the medical evidence, hears from any objectors, and determines whether conservatorship is necessary and whether you're suitable.

6. Post surety bond: The court will typically require a bond based on the estimated value of your parent's assets. This protects the estate if you mismanage funds.

Ongoing Reporting Duties

Appointment is just the beginning. Massachusetts imposes strict financial accountability:

• 90-day inventory: You must file a detailed inventory (Form MPC 855) of all assets and their fair market values within 90 days of appointment.
• Annual financial accounting: Every year, you submit a complete accounting of income, expenditures, and investment changes. Court filing fees for the annual account are tiered — $0 for estates under $1,000, scaling up to $400 for estates between $1–2 million.

Missing these filings can result in removal as conservator, personal liability, or contempt of court.

Conservatorship vs. Guardianship

These are frequently confused because other states use the terms differently:

Many families need both, which is why they're often filed together. A guardianship alone won't let you sell the house or manage investments. A conservatorship alone won't let you make medical decisions or choose a care facility.

The Supported Decision-Making Alternative

Massachusetts enacted the Supported Decision-Making Act in 2026, creating a formal alternative to conservatorship. Under this framework, your parent retains full legal rights while designating supporters who help them gather information and make decisions — without transferring any authority.

This only works if your parent still has some decision-making capacity. If cognitive decline has progressed to the point where they genuinely cannot manage their finances, conservatorship remains the appropriate legal tool.

The Massachusetts Power of Attorney & Guardianship Kit covers the full spectrum — from voluntary DPOA (if your parent still has capacity) through the conservatorship filing process (if they don't) — with Massachusetts-specific forms checklists and step-by-step instructions.

See more Massachusetts guides →