What is a Caregiver of a Minor in Massachusetts?
A caregiver of a minor is many times less significant than being a guardian and you should consider being a caregiver of a minor child if the child is living with you rather than the parents. You want to be able to make medical and educational decisions for that child. You do not need to go to court to do that, but the parent(s) needs to sign a Caregivers Affidavit. It is a simpler process than the guardianship. You do not need to go to court or fill out all the forms provided with the court. It can be good for up to 2 years and it can be vacated at any point.
Who is eligible to become a Guardian?
The judge will have to decide if you are able to become a guardian and whether your appointment would be in the best interest of the child. The judge can appoint attorneys for the parents and the child and being a guardian can be a temporary guardian and to be able to have physical and legal custody; including having the discretion at times for a parenting schedule for the parents. You will have to show that the parents are unavailable, unfit or unwilling and you need to give notice to the parents.