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What are the two types of guardianship?

Sometimes situations may arise for you, as a parent in Massachusetts, which prevent you from taking care of your child. When such circumstances arise, the court intervenes in order to place your child in the care of a competent guardian as long as is necessary, whether it be on a short-term basis or until the child comes of age. 

According to FindLaw, some guardianships are temporary, meaning that the court grants them for only a certain amount of time and terminates the guardianship upon accomplishing its specific purpose. One type of temporary guardianship is an emergency guardianship, which the courts grant only for very short periods of time, perhaps only a matter of days, in order to deal with an urgent situation. The court may grant a temporary guardianship over a minor child but may also appoint a guardian for an adult who becomes temporarily incapacitated and unable to make decisions due to a debilitating disease, mental disability or addiction. 

A testamentary guardianship means that you name someone in your will to take custody of your children in the event of your death. You can name a guardian for an adult child with a disability as well as for minor children. In the event of your death, the court will honor your wishes as to the guardianship of your children to the extent possible. However, the court may need to appoint a different guardian in the event that the one you name is unfit, unable, unwilling or unavailable to take responsibility for your children. 

The information in this article is not intended as legal advice but provided for educational purposes only.

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