Guardianship and conservatorship involve removing fundamental rights from an individual—the right to make decisions about one’s own healthcare, living arrangements, and/or financial affairs. Courts do not take these petitions lightly and require substantial evidence that such intervention is necessary.
What a Medical Certificate is
When a client contacts us regarding a guardianship and/or conservatorship for a loved one, the conversation always includes a discussion about the Medical Certificate — a confidential document prepared by a healthcare professional that provides an objective assessment of an individual’s cognitive and functional capabilities.
The document includes specific diagnoses relevant to:
- decision-making capacity;
- prognosis and whether the condition is temporary, permanent, or progressive; and
- a detailed assessment of current and future needs.
Because the court needs to ensure that the information they are evaluating is timely and accurate, a Medical Certificate is only valid for 30 days. This means that most guardianship and/or conservatorship proceedings require at least two Medical Certificates be completed.
How Medical Certificates Help
- Necessity and appropriateness.
Judges rely heavily upon the Medical Certificate when determining whether the appointment of a guardian and/or conservator is necessary and appropriate, and to what extent. Without proper medical evaluation, there’s a risk that well-meaning family members might seek guardianship and/or conservatorship when less restrictive alternatives would provide the support that the individual needs.
- Determining the range of the guardianship and/or conservatorship.
The Medical Certificate also helps the court tailor the scope of the guardianship and/or conservatorship to preserve as much autonomy as possible. Detailed Medical Certificates help courts determine precisely which powers should be granted to a guardian and/or conservator and which decisions the individual can still make independently.
For example, a guardian may oversee an individual’s treatment plan and living arrangements, but the individual may still be able to choose daily meals, be responsible for bathing and dressing, and select and plan daily and leisure activities. In a conservatorship, the individual may be allowed to spend a certain amount of cash each week without oversight, although the finances are primarily handled by the conservator.
Medical Certificates are a critical safeguard in guardianship and conservatorship proceedings—helping protect vulnerable individuals and preserving autonomy to the greatest extent possible.
Founded by a nurse attorney and with offices in Acton, Andover, and Sudbury, Massachusetts, Generations Law Group helps families navigate the complex areas of estate planning and elder law to inform and protect loved ones of every generation.
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