People with mental health conditions are often subject to guardianship and/or conservatorship petitions. The petition asks a court to appoint a person or persons (or sometimes a corporation) to take responsibility to protect an individual who because of incapacity cannot protect himself or herself. Massachusetts guardianships sometime include an order authorizing certain mental health treatment, called a Rogers Order. Because guardianship and conservatorship can substantially restrict an individual’s rights, appointments should only be made when there are no alternatives and only after meaningful due process.
