Do you automatically get control of someone’s finances when appointed guardian of the person in Massachusetts?

Detailed answer — what Massachusetts law generally requires

No. In Massachusetts, authority over personal care and authority over money are separate. A court appointment that gives you responsibility for the adult’s personal care does not automatically give you legal power to manage that person’s assets. The Probate and Family Court generally requires a separate appointment for someone who will handle the adult’s property and finances.

Practically, Massachusetts uses two different types of roles when an adult lacks capacity:

A guardian of the person (responsible for health care, living arrangements, daily needs, and personal decisions).
A conservator or guardian of the estate (responsible for managing money, paying bills, investing assets, and handling financial affairs).

The court considers each role independently. To obtain authority over the estate you must file the appropriate petition in Probate and Family Court (often called a petition for conservatorship or for appointment as guardian of the estate), prove the person’s incapacity or inability to manage finances, and obtain a separate order from the judge. For official guidance and procedural rules, see the Massachusetts statutes and the Probate & Family Court resources:

Key points the court will consider:

Whether the adult lacks the capacity to manage their property and finances.
Whether a less-restrictive alternative (for example, a durable power of attorney, joint accounts, or representative payee) can protect the adult’s interests without a court appointment.
Whether the proposed conservator should give a bond and file regular accountings with the court.

How the process typically works

1) File a petition in the Probate and Family Court asking for appointment over the estate. 2) Provide notice to the adult and interested persons. 3) The court may order assessments, appoint a guardian ad litem or investigator, and hold a hearing. 4) If the court finds incapacity and that appointment is necessary, it will enter a separate order appointing a conservator or guardian of the estate and set any required bond or reporting requirements.

Practical examples (hypotheticals)

Example A: You are named guardian of the person for your aging parent so you can arrange care and make medical decisions. Their bank will not let you access accounts unless you also become conservator of the estate or unless the parent executed a valid durable power of attorney. To manage the bank accounts, you must petition the Probate and Family Court for appointment over the estate.

Example B: An adult needs help with day-to-day care and also cannot manage their finances. You may ask the court to appoint you to both roles, but the judge will treat each request separately and will only grant estate-management authority after finding it necessary and appropriate.

Typical duties and restrictions once appointed to manage the estate

Manage and protect assets in the best interest of the protected person.
Keep accurate records and often file periodic accountings with the Probate and Family Court.
Obtain court permission for major transactions in some cases (e.g., sale of real estate).
Post a bond if the court requires one to protect the estate.

Helpful Hints

Do not assume financial access after a guardianship-of-person appointment: confirm whether a separate conservatorship or guardianship-of-estate order is needed.
Check for existing documents: a valid durable power of attorney signed while the person had capacity can avoid the need for a court conservatorship.
Contact the local Probate and Family Court clerk’s office for the correct forms and local procedures before filing.
Be prepared to provide medical evidence or evaluations showing incapacity for financial decisions when petitioning for estate authority.
Expect the court to require bond, inventories, and regular accountings when you manage money; these protect the protected person and demonstrate your stewardship.
Consider less-restrictive options first (representative payee, joint accounts with caution, powers of attorney) because courts favor the least restrictive solutions.
If you are unsure how to proceed, consult an attorney experienced in Massachusetts guardianship and conservatorship matters to understand the best path and filing requirements.

Where to find official rules and forms

Start at the Probate and Family Court pages and the Massachusetts guardianship/conservatorship guidance:

Short disclaimer

This article explains general Massachusetts practice and is for informational purposes only. It is not legal advice. Every case is different — speak with a Massachusetts probate attorney or your local Probate and Family Court if you need advice or help filing paperwork.