Getting Legal Help: Limited Assistance Representation
You do not need a lawyer to ask or petition the Massachusetts Court to appoint a Guardian for an adult or a minor. You can represent yourself. As a self-represented litigant, you can fill out and file the necessary court forms, let others know you are filing a petition for guardianship, and attend the hearing. However, since fundamental rights are involved in guardianship, it is always best to speak to a lawyer before filing court papers. Limited Assistance Representation is one option to consider for legal help.
1. What are my choices for legal assistance?
For legal help, your options may include:
- Pro bono (free) legal assistance, if you are low-income eligible.
- Hiring an attorney to provide full service representation, assisting you with your whole case.
- Hiring an attorney to provide limited assistance representation, assisting you with part of your case, and you agree to complete the others parts of the case yourself.
2. What is Limited Assistance Representation (LAR)?
In Limited Assistance Representation (LAR), an attorney agrees to help a client with part, but not all, of a legal matter, and the client agrees to perform all the other parts of the legal matter. LAR attorneys are available to help with different types of legal matters in all divisions of the Massachusetts Probate and Family Court.
3. How does LAR work with a guardianship matter?
As the client, you contact a qualified LAR attorney and meet to discuss the whole legal matter. For instance, if you want to be appointed a Guardian, you talk with the attorney about the family situation and the incapacitated person or minor, discuss the other people involved in the case and whether they are agreeing or objecting to the guardianship, what decision-making powers you are requesting as an adult guardian, if you have already filed court forms, etc.
After you discuss all the aspects of the case, the client and the attorney decide what specific parts of the case the attorney will be responsible to perform, and what parts of the case the client will be responsible to perform. The client and the attorney sign a private agreement that states the parts assigned to each and the attorney’s fee.
4. How much does it cost?
The cost will depend on what the attorney charges for legal services and the amount of assistance the client is requesting. The client and the attorney negotiate a fee for the attorney’s legal services. Often the cost of an LAR attorney is affordable and less costly than a full service attorney, as the client is only paying for a part of the legal matter and not the whole case.
5. Who can hire a LAR attorney and when might it be helpful in a guardianship matter?
Anyone who wants to file a Petition for Guardianship or has a guardianship case already pending can hire an LAR attorney. For example, it may be helpful to hire an LAR attorney if:
- a. You want to represent yourself, but would like legal advice regarding the strengths and limits of your case before you file a guardianship petition.
- b. You have already filed a guardianship petition and find you would like legal advice or representation at the hearing.
- c. You are representing yourself and the opposing party has an attorney, or the opposing party is objecting to the guardianship.
- d. The incapacitated person or minor has money or property that requires the management and protection of a Conservator, and you want to file a Petition for Conservatorship.
6. How can a LAR attorney provide legal help in a guardianship matter?
Guardianship can often be broken down into steps or parts. An LAR attorney can help with one or more of the parts. For example, an LAR attorney can:
- a. Advise you on your legal rights and the rights of the incapacitated person or minor, provide you with a better understanding of the law and court procedures, or coach you throughout the legal process.
- b. Prepare and file the Petition for Guardianship and all the required court documents.
- c. Assist with the notice requirement to ensure all interested parties are properly notified.
- d. Go with you to court and represent you at the guardianship hearing or additional hearings.
- e. Assist you in enforcing a court order.
7. How do I find a LAR attorney in my area?
An attorney must complete additional training to be qualified as a LAR attorney. A list of qualified LAR attorneys is available at the Registry office of your local Probate and Family Court, or on-line at http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/lar.html
Was this helpful? What other questions or topics would you like to know more about? Email your suggestions to Ellen M. DiPaola, Esq., MGA Information and Resources Chairperson, edipaola@comcast.net. Please do not send personal or confidential information. Thank you.
Disclaimer. The MGA website is maintained exclusively for informational purposes and does not constitute legal advice. Visitors to this web site who have a legal problem should always consult an attorney for legal advice. Viewing or using the information on the website does not create an attorney-client relationship. The guest contributor’s appearance on this website is solely for informational purposes and does not constitute a referral or endorsement of their firm or business, agency or organization. The third party web sites are listed solely as a convenience, and their listing does not imply endorsement of the agencies or organizations.
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