Can A Person Make A Will If They Are Under A Conservatorship In Massachusetts?
There may be a time when an elderly or otherwise vulnerable person is not in a position to manage his or her own affairs. This person may be placed in a conservatorship. A person under a conservatorship cannot write or revise a will. Here, our Boston estate planning attorney explains the key things to know about the right to make a will in Massachusetts.
What is a Conservatorship in Massachusetts?
As explained by the Commonwealth of Massachusetts, a conservator may be appointed if a vulnerable person is unable to “manage property and business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions.” In other words, a conservator is a trusted person who is empowered to make financial decisions on behalf of a vulnerable person. Some specific duties of a conservator in Massachusetts include the following:
- Managing Financial Affairs: A conservator is responsible for overseeing and managing the financial assets of the conservatee.
- Paying Debts and Collecting Income: The conservator must pay the debts owed by the conservatee and collect any income, dividends, or other benefits due to them.
- Making Investment Decisions: Conservators are tasked with making prudent investment decisions to preserve and enhance the financial resources of the conservatee.
- Reporting to the Court: They are required to regularly report to the court about the financial status and the management activities undertaken.
A Person in a Conservatorship Cannot Write or Revise a Will in Massachusetts
To be able to make a will in Massachusetts, you must be at least 18 years of age and of sound mind. In Massachusetts, a person under conservatorship is deemed legally incapacitated and, therefore, lacks the capacity to write or revise a will. The law prevents people in conservatorships from making such critical decisions to prevent undue influence or exploitation. In other words, once a person is in a conservatorship their will cannot be created or changed. If they were to exit the conservatorship—such as if their medical condition significantly improved—they would regain the ability to write or revise a will.
Is a Conservatorship the Same Thing as a Guardianship in Massachusetts?
In Massachusetts, conservatorship and guardianship are similar but serve distinct purposes. A conservatorship primarily deals with managing the financial affairs of an individual who is unable to do so due to incapacity. On the other hand, a guardianship addresses broader aspects of personal care, including decisions related to health, living arrangements, and overall welfare.
Consult With Our Massachusetts Estate Planning Attorney Today
At Fisher Law LLC, our Boston estate planning attorney has the professional knowledge and proven legal expertise that you can rely on. If you have any questions about estate planning and conservatorships, we are more than ready to help. Reach out to us by phone or contact us online to arrange your confidential initial appointment. We provide estate planning and probate law representation throughout the Commonwealth.
Source:
mass.gov/doc/general-information-regarding-guardianship-and-conservatorship-mpc-190/download#:~:text=A%20conservator%20may%20be%20appointed,the%20use%20of%20appropriate%20technological
