Massachusetts Guardianship Laws: Minors, Adults and Conservators (2026)

In Massachusetts, guardianship is a Probate and Family Court proceeding under Article V of the Massachusetts Uniform Probate Code, General Laws chapter 190B. A guardian makes personal decisions for a minor or for an "incapacitated person," while a conservator manages property and business affairs; the court may appoint a guardian for an adult only after finding, among other things, that the person is an incapacitated person, that the appointment is necessary or desirable for continuing care and supervision, and that the person's needs cannot be met by less restrictive means (G.L. c. 190B, §§ 5-101, 5-306(b)).

Massachusetts keeps the two roles separate. "Guardian" is the person-side role, "conservator" is the property-side role, the "respondent" is the person for whom an appointment is sought, and a "protected person" is someone for whom a conservator has been appointed or another protective order has been made (§ 5-101). For how other states compare, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Massachusetts state law on guardianship of minors and adults and on conservatorship in Article V of G.L. c. 190B, the interstate rules in Article 5A, and the caregiver authorization affidavit in G.L. c. 201F. It does not cover custody disputes between parents (see Massachusetts child custody laws), grandparent visitation (see Massachusetts grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Massachusetts probate), care-and-protection cases involving the state child-welfare system, which are a separate track, or civil commitment and mental-health holds.

Massachusetts guardianship terms and where the law lives

Article V of chapter 190B covers general provisions, guardianship of minors (the 5-200 sections), guardianship of incapacitated persons (the 5-300 sections) and conservatorship and other protective orders (the 5-400 sections). Article 5A is Massachusetts's version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which governs transfers to and from other states (G.L. c. 190B, Art. 5A).

The adult side of the statute turns on one definition:

"Incapacitated person", an individual who for reasons other than advanced age or minority, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.

G.L. c. 190B, § 5-101(9)

Two points follow from the wording. Advanced age alone does not make someone an incapacitated person, and the condition must be clinically diagnosed. The test also asks whether the person can meet essential needs "even with appropriate technological assistance," so the availability of such help is part of the question.

How to get guardianship of a child in Massachusetts

A court may appoint a guardian for a minor only in the situations § 5-204(a) lists:

The court may appoint a guardian for a minor if (i) the minor's parents are deceased or incapacitated, (ii) the parents consent, (iii) the parents' parental rights have been terminated, (iv) the parents have signed a voluntary surrender, or (v) the court finds the parents, jointly, or the surviving parent, to be unavailable or unfit to have custody.

G.L. c. 190B, § 5-204(a)

So a grandparent, aunt, uncle or family friend who wants guardianship over a living parent's objection must fit one of those five grounds, such as the clause (v) finding that the parents jointly, or the surviving parent, are unavailable or unfit to have custody. Section 5-204 does not state the standard of proof for that finding.

Who may petition. A minor 14 or older, or any person interested in the welfare of the minor, may petition for appointment of a guardian (§ 5-206(a)).

Who gets notice. After the petition is filed, the petitioner must give notice in the manner § 1-401 prescribes to, among others the section lists, the minor if 14 or older and not the petitioner, any person a court has awarded care or custody of the minor, and any living parent of the minor (§ 5-206(b)).

Who the court appoints. The court may appoint as guardian any person whose appointment would be in the minor's best interest. If the minor is 14 or older and nominates someone, the court must appoint that nominee unless it finds the appointment contrary to the minor's best interest (§ 5-207(a)).

What a guardian of a minor may decide. A guardian "has the powers and responsibilities of a parent regarding the ward's support, care, education, health and welfare," and must act at all times in the ward's best interest with reasonable care, diligence and prudence (§ 5-209(a)). That authority has a limit: no guardian of a minor may consent to treatment for which a substituted judgment determination may be required, such as antipsychotic medication, unless the court specifically makes that determination and approves a treatment plan (§ 5-306A(a)).

When it ends. A guardian's authority ends "upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority," as § 5-210 provides.

Asking to remove a guardian. Any person interested in the welfare of the ward, or the ward if 14 or older, may petition to remove the guardian on the ground that removal would be in the ward's best interest, or for any other order in the ward's best interest (§ 5-212(a)). In Guardianship of Kelvin, 94 Mass. App. Ct. 448 (2018), on a mother's petition under § 5-212 to remove her son's guardian, the Appeals Court held that the mother bore the initial burden of producing some credible evidence of changed circumstances since the guardianship was ordered, and the guardian then bore the ultimate burden of proving, by clear and convincing evidence, that the mother remained unfit and that continuing the guardianship served the child's best interest. In a proceeding to remove a guardian of a minor, the guardian has a right to counsel if the court determines the guardian has been the child's primary caretaker for not less than 2 years or for an otherwise significant period of time during the child's lifetime, as § 5-212(d) provides.

Temporary guardianship of a minor

While a guardianship petition is pending, the court may appoint a temporary guardian for a minor who has no guardian if following the usual procedures will likely result in substantial harm to the minor's health, safety or welfare before the return date and no other person appears to have authority to act. The motion must be supported by an affidavit, and the appointment may be made even though no § 5-204(a) ground has yet been established (§ 5-204(b)). The appointment may last up to 90 days; on a finding of extraordinary circumstances set out in its order, the court may set a longer period to a date certain, and it may extend the appointment for additional 90-day periods for good cause shown (§ 5-204(b)). The petitioner must give written notice 7 days before the hearing, in hand to a minor 14 or older and by delivery or mail to everyone named in the petition (§ 5-204(d)). In an immediate emergency the court may shorten or waive that notice, but post-appointment notice must then be given, and anyone notified may move to vacate the order, which the court hears de novo as quickly as possible (§ 5-204(e)).

Can a parent name a guardian in a will in Massachusetts?

Yes. "A parent, by will or other writing signed by the parent and attested by at least 2 witnesses, may appoint a guardian for any minor child the parent has or may have in the future" (§ 5-202(a)).

When the appointment takes effect. Subject to § 5-203, it becomes effective on the first to occur of the appointing parent's death, an adverse immigration action against the parent, a court adjudication that the parent is an incapacitated person, or a written determination by a physician who has examined the parent that the parent is no longer able to care for the minor, unless the minor is in the care or custody of a non-parent under the child-welfare and other statutes § 5-202(d) names (§ 5-202(d), as amended by St. 2026, c. 163, §§ 9-10, effective August 5, 2026). An "adverse immigration action" includes detention by or on behalf of the Department of Homeland Security for an alleged violation of federal immigration law, departure from the United States under a removal, deportation, exclusion, voluntary-departure or expedited-removal order or a stipulation of voluntary departure, and denial of admission or entry by the Department of Homeland Security.

Accepting the appointment. Within 30 days after the appointment becomes effective, the guardian must file a notice of acceptance and a copy of the will or other nominating instrument with the court and, unless the court approved the appointment in advance under § 5-202(c), petition for confirmation with notice under § 5-206(b) (§ 5-202(e)). A parental nominee whose appointment has not been prevented or nullified under § 5-203 has priority over a guardian the court would otherwise choose, but the court may proceed with another appointment if the nominee fails to accept within 30 days after notice of a guardianship proceeding (§ 5-204(a)).

Confirming it in advance. Part 2 of Article V has no section titled standby guardianship. Its closest tool is § 5-202(c): on the appointing parent's petition, and after notice under § 5-206(b), the court may confirm the parent's choice before the appointment takes effect, if it finds the parent "will likely become unable to care for the minor within 2 years or less."

Limits. A parental appointment "shall not supersede the parental rights of either parent" (§ 5-202(f)), so naming a guardian does not cut off the other parent's rights. If both parents are dead, have been adjudged incapacitated or are subject to an adverse immigration action, the appointment by the last parent affected receives priority (§ 5-202(f), as amended by St. 2026, c. 163, § 11).

Unless the court has already approved the nominee under § 5-202(c), the minor if 14 or older, the other parent (if that parent's rights have not been terminated), or a non-parent who has care or custody of the minor or with whom the minor lived during the preceding 60 days (other than a foster parent) may prevent the appointment or end it by filing a written objection in the court where the appointing instrument is filed, before the appointment is accepted or within 30 days after receiving notice of its acceptance. An objection does not stop the court from appointing the nominee or another suitable person in a proper proceeding (§ 5-203).

Letting a relative care for a child without going to court

Massachusetts has two different no-court tools, and they do different things. Neither is a court order.

Temporary agent for up to 60 days (§ 5-103)

A parent or parents of a minor, other than a parent or parents whose parental rights have been terminated or a parent who has signed a voluntary surrender, or a guardian or guardians of a minor or incapacitated person may appoint a temporary agent for a period not exceeding 60 days, and may delegate to such agent any power that the parent or guardian has regarding the care, custody or property of the minor child, ward or incapacitated person, except the power to consent to marriage or adoption of a minor; provided, however, that no parent or guardian shall appoint a temporary agent when a court has ordered that the minor child be placed in the custody of a person other than the parent or guardian.

G.L. c. 190B, § 5-103(a)

The delegation must be in a writing signed by, or at the direction of, the parent or guardian, attested by at least 2 witnesses who are 18 or older and are not the temporary agent, together with the temporary agent's written acceptance (§ 5-103(b)). A parent may not appoint a temporary agent if the child has another living parent whose whereabouts are known and who is willing and able to provide care and custody, unless that other parent consents in writing (§ 5-103(c)). The appointing parent may revoke or amend the delegation, and the court may limit or alter the agent's authority (§ 5-103(d)).

Caregiver authorization affidavit (G.L. c. 201F)

Chapter 201F is a separate statute aimed at schooling and health care:

A parent, legal guardian or legal custodian of a minor, by a caregiver authorization affidavit, may authorize a designated caregiver to exercise certain concurrent parental rights and responsibilities relative to a designated minor's education and health care, as described in section 3. If a conflicting decision is made under these concurrent rights and responsibilities, the decision of the authorizing party shall supersede the decision of the caregiver.

G.L. c. 201F, § 2

The affidavit authorizes only rights the authorizing party actually has and does not take those rights away from the parent. The parent may not use it "to circumvent any state or federal law, solely for the purposes of attendance at a particular school, or to re-confer rights to a caregiver from whom those rights have been removed by a court of law" (c. 201F, § 2). Section 3 of chapter 201F sets out which education and health-care decisions are covered.

The caregiver must be an adult with whom the child lives (c. 201F, § 1). The authorizing party signs the affidavit under the pains and penalties of perjury in front of 2 adult witnesses, neither of whom may be the caregiver, and it must be notarized; the caregiver also signs. The affidavit may be valid for up to 2 years and may be reauthorized, and the authorizing party may reauthorize, amend or revoke it by notifying the caregiver in writing (c. 201F, § 5).

How to become guardian of an adult in Massachusetts

The petition

An incapacitated person, or any person interested in the welfare of the person alleged to be incapacitated, may petition for a determination of incapacity, "in whole or in part," and for appointment of a limited or general guardian (§ 5-303(a)). Among the items the petition must include:

• the reason a guardianship is necessary, the type requested, and, for a general guardianship, why a limited guardianship is inappropriate, or for a limited guardianship, the powers to be granted (§ 5-303(b)(10)); and
• a statement about the medical evidence, such as that a medical certificate dated within 30 days of filing, or, for a person alleged to have an intellectual disability, a clinical team report dated within 180 days of filing, is in the court's possession or accompanies the petition (§ 5-303(b)(11)).

Notice to the person

Notice "shall be served personally on the person alleged to be incapacitated," and that person "may not waive notice" (§ 5-304(c), (d)). Other required notices are given as § 1-401 provides.

The right to a lawyer and to take part

Under § 5-106(a), after a petition for a guardian, conservator or other protective order is filed, the court "shall appoint an attorney to represent the person" in either of two situations:

• the person, or someone on the person's behalf, requests appointment of counsel; or
• the court determines at any time in the proceeding that the person's interests are or may be inadequately represented.

The person is entitled to be present at any hearing, to be represented by counsel, to present evidence, and to cross-examine witnesses, including any physician or other qualified person and any guardian ad litem. If the person or the person's lawyer asks, the issue may be decided at a closed hearing (§ 5-106(c)).

What the court must find

The court must use its authority "so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's limitations or other conditions warranting the procedure" (§ 5-306(a)). Among the findings § 5-306(b) requires before appointment:

(6) the person for whom a guardian is sought is an incapacitated person; (7) the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person; and (8) the person's needs cannot be met by less restrictive means, including use of appropriate technological assistance.

G.L. c. 190B, § 5-306(b)

Section 5-306 lists these findings but does not state the standard of proof the court applies to them.

Limited guardianship. At appointment or later, on its own motion or on the petition or motion of the person or another interested person, the court may limit the guardian's powers and so create a limited guardianship (§ 5-306(c)).

Who serves as guardian

Unless lack of qualification or other good cause dictates otherwise, the court "shall appoint a guardian in accordance with the incapacitated person's most recent nomination in a durable power of attorney" (§ 5-305(b)). Otherwise, the following, if suitable, are entitled to consideration in this order: the spouse (or a person nominated under § 5-301(b)); a parent (or a person nominated under § 5-301); and any person the court deems appropriate (§ 5-305(c)). A parent may nominate a guardian for an unmarried adult child, and a spouse for a spouse, by will or other writing attested by at least 2 witnesses (§ 5-301). Acting in the person's best interest, the court may pass over someone with priority and appoint a person with lower or no priority (§ 5-305).

What a Massachusetts guardian can decide, and what needs a court order

A guardian of an adult makes personal decisions within the powers the order grants, but the statute takes several decisions out of the guardian's hands unless the court acts:

• Antipsychotic medication and similar treatment. No guardian, temporary guardian or special guardian may consent to treatment for which a substituted judgment determination may be required. The court authorizes such treatment only when it specifically finds, using the substituted judgment standard, that the person, if not incapacitated, would consent, and it specifically approves a treatment plan in its order (§ 5-306A(a)).
• Mental health facilities. "No guardian shall be given the authority under this chapter to admit or commit an incapacitated person to a mental health facility as defined in the regulations of the department of mental health" (§ 5-309(f)).
• Nursing facilities. A guardian may not admit the person to a nursing facility except on a specific court finding that admission is in the person's best interest, unless all five conditions of § 5-309(g) are met: the admission does not exceed 60 days; a person authorized to sign a medical certificate recommends it; neither any interested person nor the person objects; on or before admission the guardian files a written notice of intent in the appointing court, serves a copy in hand on the person and gives one to the facility; and the person is represented by counsel or counsel is appointed forthwith.
• Health care proxies. A guardian, without court authorization, may not revoke a health care proxy the person signed, and absent a court order to the contrary, the health care agent's decision takes precedence over the guardian's (§ 5-309(e)).

The statute also makes it the duty of every guardian "to protect and preserve the incapacitated person's right of freedom of religion and religious practice" (§ 5-313).

Reports

A guardian must report in writing on the person's condition and account for funds and other assets in the guardian's possession or control within 60 days after appointment, at least annually after that, and whenever the court orders (§ 5-309(b)). The court must keep a system for monitoring guardianships of incapacitated persons, including the filing and review of annual reports (§ 5-309(c)).

Temporary guardianship of an adult in an emergency

While a petition is pending, the court may appoint a temporary guardian for a person who has no guardian only if all of these are met: the court finds that following the ordinary procedures "will likely result in immediate and substantial harm to the health, safety or welfare of the person alleged to be incapacitated occurring prior to the return date," and no other person appears to have authority to act. The temporary guardian "may exercise only those powers granted in the order" (§ 5-308(a)).

The appointment may last up to 90 days. On a finding of extraordinary circumstances set out in the order, the court may set a longer period to a date certain, and it may extend the appointment for additional 90-day periods for good cause shown (§ 5-308(a)).

The motion must be supported by an affidavit and must give the name and address of any agent under a health care proxy or durable power of attorney the person signed (§ 5-308(a)). The petitioner must give 7 days' written notice of the hearing, in hand to the person and by delivery or mail to everyone named in the petition (§ 5-308(c)). In an immediate emergency the court may shorten or waive that notice, but post-appointment notice must follow, and the person or anyone notified may move to vacate the order, which the court hears de novo as quickly as possible (§ 5-308(d)). A temporary appointment, with or without notice, "is not a final determination of a person's incapacity," and the court may remove a temporary guardian at any time (§ 5-308(f), (g)).

How a guardianship ends or rights are restored

The person under guardianship, or any person interested in the person's welfare, may petition for an order that the person is no longer incapacitated and for termination of the guardianship. The statute adds that "a request for an order may also be made informally to the court" (§ 5-311(b)). Before ordering that incapacity has ended, the court must follow the same procedures to safeguard the person's rights that apply to a petition for appointment (§ 5-311(c)). Section 5-311 does not state a standard of proof for restoration.

Conservatorship: managing property and money

A conservator or other protective order may be made for a person under a disability for reasons other than minority if the court determines both of the following (§ 5-401(c)):

1. the person is unable to manage property and business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions, even with appropriate technological assistance, or because the person is detained or otherwise unable to return to the United States; and
2. the person has property that will be wasted or dissipated unless management is provided, or money is needed for the person's support, care and welfare.

As with guardianship, the court must also find that the person's needs cannot be met by less restrictive means, including appropriate technological assistance (§ 5-407(b)(8)).

Without a conservator. The court may, without appointing a conservator, authorize, direct or ratify any transaction necessary or desirable to achieve an arrangement for security, service or care meeting the protected person's foreseeable needs (§ 5-408(a)).

Bond. "A surety shall be required on the bond of a conservator, except the court may waive the requirement of sureties for good cause shown by the conservator" (§ 5-410(a)). Sureties are not required when the conservator has priority under § 5-409(a)(1) and the person who nominated the conservator expressly waives them, subject to § 5-415 (§ 5-410(b)).

Real estate. A conservator may not sell, mortgage or grant options in real estate except as chapter 202 provides (§ 5-423(d)).

Inventory. Within 90 days after qualification, the conservator must file a detailed inventory of the estate with the appointing court, with an oath or affirmation that it is believed complete and accurate as far as information permits (§ 5-417(a)).

Accounts. A conservator must account to the court not less than annually unless the court directs otherwise, on resignation or removal, and at other times the court directs (§ 5-418(a)).

Alternatives to guardianship in Massachusetts

Durable power of attorney and health care proxy. An adult who still has capacity can plan ahead. The guardianship statute gives these documents real weight: the court appoints the guardian named in the person's most recent durable power of attorney unless lack of qualification or other good cause dictates otherwise (§ 5-305(b)), and a health care agent's decision takes precedence over a guardian's absent a court order (§ 5-309(e)). For signing rules, see Massachusetts power of attorney laws. Our free Massachusetts power of attorney generator and Massachusetts advance directive generator can help draft documents while a person has capacity; they are not legal advice, and signing must follow the state's rules on the linked page.

Protective arrangements. For a single property problem, § 5-408(a) lets the court approve a transaction or arrangement without appointing a conservator.

Supported decision-making. A bill, "An Act relative to supported decision-making agreements for certain adults" (H.4852), was reported favorably in the 2025-2026 session and redrafted on August 10, 2026 as H.5644, a bill pending in the House as of October 20, 2026. It is a bill, not a law.

Social Security benefits. The Social Security Administration decides whether to appoint a representative payee and may appoint the legal guardian or some other person (20 C.F.R. § 404.2001); our guardianship laws by state hub covers the federal layer.

Moving to or from Massachusetts with a guardianship

Article 5A lets a Massachusetts guardian or conservator petition to transfer the case to another state (§ 5A-301). In the other direction, a guardian appointed in another state may, if no guardianship petition is pending in Massachusetts and after notifying the appointing court of an intent to register, register the guardianship order by filing certified copies of the order, the letters of office and any bond, as a foreign judgment, in an appropriate division of the Probate and Family Court where an original proceeding could be filed (§ 5A-401).

Recent changes

Chapter 163 of the Acts of 2026, approved August 5, 2026 as an emergency law, added an adverse immigration action against a parent as an event that makes a parental guardian appointment effective under § 5-202(d), and, where both parents are dead, incapacitated or subject to such an action, gave priority to the appointment by the last parent affected (§ 5-202(f)) (St. 2026, c. 163, §§ 9-11).

Chapter 102 of the Acts of 2026, approved June 12, 2026 as an emergency law, amended the wording of Article V sections including §§ 5-101, 5-304, 5-309 and 5-401 (St. 2026, c. 102, §§ 306-313). In § 5-304 the notice provision now refers to a person "alleged to have an intellectual disability," and § 5-309(f) now refers to a "mental health facility as defined in the regulations of the department of mental health." The quotations on this page follow the current wording where the two versions differ.

Massachusetts guardianship at a glance

Related Massachusetts pages

• Guardianship laws by state
• Massachusetts power of attorney laws
• Massachusetts child custody laws
• Massachusetts grandparents' rights
• Massachusetts probate

This article provides general legal information about Massachusetts guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on court practice. For advice about a specific situation, contact a lawyer licensed in Massachusetts or the Probate and Family Court.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Massachusetts?

Any person interested in the child's welfare may petition the Probate and Family Court (G.L. c. 190B, § 5-206(a)), and notice goes to each living parent, among others. The court may appoint a guardian only on a ground § 5-204(a) lists: the parents are deceased or incapacitated, consent, have had their rights terminated, have signed a voluntary surrender, or are found, jointly, or the surviving parent, unavailable or unfit to have custody.

What is the burden of proof for adult guardianship in Massachusetts?

Section 5-306 of G.L. c. 190B lists the findings the court must make (incapacity, necessity, and that needs cannot be met by less restrictive means, among others) but does not state a standard of proof.

Does the person get a lawyer in a Massachusetts guardianship case?

The court must appoint a lawyer if the person, or someone on the person's behalf, requests one, or if the court determines at any time that the person's interests are or may be inadequately represented (G.L. c. 190B, § 5-106(a)). The person may also attend the hearing, present evidence and cross-examine witnesses (§ 5-106(c)).

How long can a parent delegate care of a child in Massachusetts without court?

Up to 60 days, by appointing a temporary agent in a writing attested by at least 2 witnesses aged 18 or older who are not the agent, with the agent's written acceptance (G.L. c. 190B, § 5-103). The agent cannot consent to the child's marriage or adoption, no temporary agent may be appointed when a court has placed the child in someone else's custody, and if the child has another living parent whose whereabouts are known and who is willing and able to provide care, that parent must consent in writing (§ 5-103(c)).

What is a caregiver authorization affidavit in Massachusetts?

Under G.L. c. 201F, a parent, legal guardian or legal custodian may authorize a designated caregiver to exercise concurrent rights over a child's education and health care, as section 3 describes. The parent keeps those rights, the parent's decision prevails in a conflict, and the affidavit may not be used solely to attend a particular school (c. 201F, § 2). It is signed before 2 adult witnesses who are not the caregiver, notarized, and may be valid for up to 2 years (c. 201F, § 5).

How long does a temporary guardianship last in Massachusetts?

A temporary guardian may be appointed while a guardianship petition is pending, on a finding that following the usual procedures will likely result in harm before the return date (substantial harm for a minor; immediate and substantial harm for an adult) and that no other person appears to have authority to act. The appointment may last up to 90 days, or longer to a date certain if the court finds extraordinary circumstances, and the court may extend it for additional 90-day periods for good cause (G.L. c. 190B, §§ 5-204(b), 5-308(a)).

Can a Massachusetts guardian put someone in a nursing home?

Only on a specific court finding that admission is in the person's best interest, unless every condition of the short-stay exception in G.L. c. 190B, § 5-309(g) is met, including that the stay does not exceed 60 days, no one objects, notice is filed and served in hand, and the person has counsel.

Does Massachusetts have a supported decision-making law?

Not as enacted law as of October 20, 2026. A bill on supported decision-making agreements (H.4852, redrafted as H.5644 in August 2026) was pending in the 2025-2026 legislative session.

How do I end a guardianship in Massachusetts?

The person under guardianship or any interested person may petition for an order that the person is no longer incapacitated, and a request may also be made informally to the court (G.L. c. 190B, § 5-311(b)). The court must apply the same safeguards it uses for an appointment (§ 5-311(c)).