Guardianship is a legal process that gives a guardian permission to take care of and make decisions for a person with an intellectual disability (ID) or other disability. This includes people who have intellectual functioning that’s significantly below average. It is usually defined as an IQ of less than 70. People also have limitations in 2 or more adaptive skills, such as communication, self-care, social skills, health, and safety.
You don’t become a guardian automatically just because you’re the parent of an adult with ID. In Massachusetts, guardians have to be appointed by the Probate and Family Court.
Mass.gov has information about guardianship and how to apply.
There are 2 kinds of guardianship, plenary (complete) and limited:
Learn how to file for legal guardianship of an adult with ID. You can find out which forms you’ll need to file. A petition needs to be filed with one of the Massachusetts Probate and Family Courts. Some family members may want to work with a lawyer to help them fill out the forms.
Find your nearest Probate and Family Court
The Massachusetts Legal Resource Finder can help people find low-cost help, free legal info and self-help materials. You may want to answer the questions on their site to find help in your area.
Conservatorship is different from guardianship. Conservatorship focuses on protecting assets, paying bills, and making financial decisions rather than personal care. It prevents the wasting or misuse of a person’s assets when they cannot manage them independently.
Forms include a petition for appointment as a Conservator, Medical Certificate and Clinical Team Report. A clinical team report is required if a person has an intellectual disability (ID). The report needs to be filled out by a doctor, licensed psychologist, and a social worker.
Forms needed to file as a conservator for an adult.
Rep payee services help people unable to manage their Social Security, SSI or SSDI benefits. The rep payee helps with paying bills, budgeting, and filing mandatory reports. A rep payee can be a family member or friend. Qualified human service agencies or organizations can also serve as a rep payee.
The Social Security Administration appoints a person or agency to be the rep payee. A qualified agency or organization can charge a fee for rep payee services.
INDEX Rep Payee agencies for people with ID
When a family member has IDD, you may be planning not only for your own long-term needs, but also for the ongoing needs, goals, and preferences of your loved one.
The Arc of Massachusetts Finding a Financial Planner has info for parents and other family members. Financial planners help with the ongoing needs, goals, and likes of your family member. The financial planner you pick should respect the wishes of your family member with IDD and your family’s vision for the future.
There are different types of special needs trusts that can be set up:
Find a chapter of The Arc near you that runs a pooled trust.
Arc of Massachusetts After I’m Gone is a guide to future planning for aging caregivers concerned about future care for their loved one with a disability. We can help you make a plan that will live on after you are no longer able to be an active caregiver, coach, or overseer of your loved one’s activities, services, and other key aspects of their life.
INDEX Financial Planning Services for people with special needs
Fact Sheet updated on 4/17/26
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Disclaimer: INDEX is pleased to provide you this information. Please note, this information is not comprehensive, nor is it intended to take the place of professional advice. We encourage you to check other resources of such information. No endorsement by the University of Massachusetts Chan Medical School, DisabilityInfo.org, INDEX, or affiliates, should be inferred. We reserve the right to remove, to modify, or to add any information at any time, for any reason, and without notice.