Petition For Appointment Of Guardian Of Minor {MPC 140}

PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR In the Interests of: First Name Middle Name Docket No. Commonwealth of Massachusetts The Trial Court Probate and Family Court Division Last Name Minor 1. Information about the Minor: First Name M.I. Last Name (City/Town) Current age Date of Birth (Address) (Apt, Unit, No. etc.) (State) (Zip) County of Residence: 2. The Petitioner is: a person or persons interested in the welfare of the Minor. 3. Information about the Petitioner(s): Name: First Name (Address) M.I. (Apt, Unit, No. etc.) (City/Town) Last Name (State) (Zip) or the Minor Primary Phone #: Name: First Name (Address) Relationship to Minor: M.I. (Apt, Unit, No. etc.) (City/Town) Last Name (State) (Zip) Primary Phone #: Relationship to Minor: 4. Information about the Biological Mother/parent one and Father/parent two: Deceased Mother's/Parent One Name M.I. Last Name (City/Town) (Address) (Apt, Unit, No. etc.) (State) (Zip) Deceased Father's/Parent Two Name M.I. Last Name (City/Town) (Address) (Apt, Unit, No. etc.) (State) (Zip) 5. Is there a nomination of a guardian by will or other writing signed by a parent or guardian? If Yes, attach copy of document. Yes No 6. Venue for this proceeding is proper in this county/Division of the Probate and Family Court because the minor resides in the county/Division. the guardian was nominated in a will which was or could be probated in this county/Division. 7. The best interests of the Minor will be served by appointment of a guardian for the Minor. MPC 140 (5/30/11) page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com 8. The minor is unmarried and parent(s) consent to the appointment of a guardian. Attach Notarized Consent of Parent(s). all parental rights have been terminated by prior court order. Attach a copy of the court order to this Petition. a signed voluntary surrender. Attach a copy of the surrender to this Petition. death. If available, attach a copy of the death certificate to this Petition. Parent or parents are unavailable to exercise their parental rights because: (Briefly explain) Parent or parents are unfit to exercise their parental rights because: (Briefly explain) Guardianship has previously been granted to a third party who has died or become incapacitated, and the guardian has not appointed a successor guardian by will or written instrument. Describe and attach order or any relevant documents. 9. Petitioner is requesting to be appointed as Guardian and is not currently being investigated nor does he/she have charges pending for assault resulting in bodily injury to the minor. Petitioner is not being investigated and does not have charges pending for neglect of the minor. 10. I request that sureties required on the bond be waived by the court. 11. Petitioner is requesting the following person be appointed as Guardian: Name: First Name (Address) M.I. (Apt, Unit, No. etc.) (City/Town) Last Name (State) (Zip) Primary Phone #: Relationship to Minor: He/She has priority for appointment as guardian pursuant to G.L.c. 190B, § 5-207 because the proposed Guardian is nominated by the Minor and the Minor is 14 years of age or older. Attach Nomination of Minor. 12. Who, other than you, had primary care and custody of the Minor during the 60 days prior to filing this Petition? (G.L. c. 190B, §5-206): Name: First Name (Address) M.I. (Apt, Unit, No. etc.) (City/Town) Last Name (State) (Zip) No one or Person listed below Primary Phone #: Dates of care Relationship to Minor: MPC 140 (5/30/11) page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com 13. If mother and father are deceased, list brothers and sisters or adult relatives, for example aunt, uncle, grandparent who can be found: Name: First Name (Address) M.I. (Apt, Unit, No. etc.) (City/Town) Last Name (State) (Zip) Primary Phone #: Name: First Name (Address) Relationship to Minor: M.I. (Apt, Unit, No. etc.) (City/Town) Last Name (State) (Zip) Primary Phone #: Relationship to Minor: 14. Is any person currently acting as a Guardian or Conservator for the Minor in Massachusetts or elsewhere? Yes Name: First Name (Address) M.I. (Apt, Unit, No. etc.) (City/Town) Last Name (State) (Zip) No If Yes, identify: Primary Phone #: Relationship to Minor: If a conservatorship case exists or you are also filing a Petition for Appointment of Conservator, do not complete section 15. Please note that a guardianship case does not provide authority over substantial funds. 15. Does the Minor have any assets, e.g. bank accounts, property, and anticipated income, e.g. Social Security, interest? Yes No If Yes, identify: Do not list bank account numbers or Social Security numbers. Estimated Value of Property or Amount of Income Description of Assets, e.g. Bank Accounts, Property Total The Petitioner shall provide notice to the parents, Minor if 14 years of age or older, and persons listed in paragraphs 11-13 of the time and place for a hearing on this Petition in accordance with Probate and Family Court Standing Order 4-09. Notice requirements may be different if an emergency guardianship is sought. The Petitioner/Co-Petitioners is/are interested in the welfare and best interests of the Minor and request/s that an appointment of a guardian be made after notice and hearing. In addition, I/We request that the Court: MPC 140 (5/30/11) page 3 of 4 American LegalNet, Inc. www.FormsWorkFlow.com SIGNED UNDER THE PENALTIES OF PERJURY I affirm or swear under oath that I have read the foregoing petition and that the statements set forth therein are true and correct to the best of my knowledge. Date Signature of Petitioner Date Signature of Co-Petitioner (if applicable) Attorney for Petitioner Print Name (Address) (City/Town) (State) (Apt, Unit, No. etc.) (Zip) Primary Phone #: BBO No.: MPC 140 (5/30/11) page 4 of 4 www.FormsWorkFlow.com