Introduction    
Introduction
Introduction
Introduction

ince the 1983 decision of Rogers v. Commissioner of 
Department of Mental Health, 390 Mass 489 (1983), the 
Probate and Family Court has been charged with acting 
upon requests for permission to administer antipsychotic 
medication to individuals who are unable to consent to 
treatment themselves. A substituted judgment standard 
applies and, at a minimum, yearly reviews are required.  

This booklet provides information about Rogers 
guardianships, for adults, in Massachusetts. This is a type 
of guardianship where the Court determines the Guardian 
will be given authority to agree to extraordinary treatment 
for the Incapacitated Person (I.P.). This usually refers to 
treatment with antipsychotic medication but it may include 
other intrusive treatments and procedures. 

his booklet is intended to be a guide, and includes 

information regarding guardianship procedures, what forms 
to file, and duties of guardians.  

his booklet is not intended as a substitute for legal advice. 

You may want to consult with an attorney. For 
information about finding an attorney, please see this 
website: 

ttp://www.mass.gov/courts/programs/legal-assistance/find-

lawyer.html  

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Rogers    
Guide to Rogers
Guide to 
Guide to 
Guide to 
Rogers
Rogers
Guardianship     
Guardianship 
Guardianship 
Guardianship 

 

ADULTS IN NEED    
CARING FOR ADULTS IN NEED
CARING FOR 
ADULTS IN NEED
ADULTS IN NEED
CARING FOR 
CARING FOR 

 

   

April 2015 

assachusetts Trial Court 

Probate and Family Court Department 

   

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What is 
Guardianship????    
What is a a a a RogersRogersRogersRogers    Guardianship
Guardianship
Guardianship
What is 
What is 
A guardian for an adult is a person appointed by a judge in  
the Probate and Family Court who is given responsibility to 
make decisions for an individual after a judge has decided 
s/he is not competent to make their own informed decisions.    
Some guardians can make decisions about treatment of a 
person with mental illness that is considered “extraordinary” 
medical treatment.  These are called Rogers guardianships.   

t a Rogers guardianship hearing, the Court is asked to 

authorize extraordinary medical treatment for an 
Incapacitated Person. This usually refers to treatment with 
antipsychotic medication, but it may include other intrusive 
treatments and procedures such as sterilization or 
electroconvulsive therapy. 

f a person who has been determined to be incapacitated is 
prescribed antipsychotic medications, the Incapacitated 
Person will need a guardian who has been granted Rogers 
authority by the Court. 

efore Rogers authority is granted, the Court must find that 

the person: 
 

1.  Is incapacitated and not competent to give informed 

consent with respect to being treated with 
antipsychotic medications and, 

2.  If incompetent, determine what the person would 
choose to do if he or she were competent, with 
regard to taking antipsychotic medication(s). 

his is called a “substituted judgment” standard wherein the 

Court substitutes itself for the Incapacitated Person and 
attempts to determine what the person would decide for him 

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Table of Contents    
Table of Contents
Table of Contents
Table of Contents

hat is a Rogers Guardianship? ............................................... 2 

ho is the Petitioner? ................................................................. 3 

ho is the Respondent? ............................................................. 3 

hat is the Legal Definition of an Incapacitated Person? ...... 4 

hat are the rights of the Respondent ? .................................. 4 

hat is a Rogers Monitor? ......................................................... 5 

ecoming a Rogers Guardian: Procedure for Guardianship of 
Adult ........................................................................................ 5-10 

dministrative Process for Uncontested Annual Rogers 

Reviews ....................................................................................... 11 

ursing Home Admission ......................................................... 12 

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What is the Legal Definition of an  
What is the Legal Definition of an  
What is the Legal Definition of an  
What is the Legal Definition of an  

Incapacitated Person
(I.P.)????    
Incapacitated Person    (I.P.)
(I.P.)
(I.P.)
Incapacitated Person
Incapacitated Person
An Incapacitated Person (I.P.) is someone who is 
determined by the Court to have a clinically diagnosed 
condition that leaves them 
unable to make or 
communicate decisions 
affecting their physical 
health, safety, or self-care.  

 person is not 

“incapacitated” just because they are elderly. 

 

he Guardian appointed by the court for an I.P. will make 

some or all decisions for the I.P.  

f the I.P. requires medical treatments or care that the court 
considers “extraordinary”, a guardian must obtain the 
Court’s permission before authorizing the treatment. 

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hathathathat    are the Rights of the
espondent????    
are the Rights of the    RRRRespondent
espondent
espondent
are the Rights of the
are the Rights of the
1.) The right to an attorney. When the Petition is filed, 
if the Respondent cannot afford a lawyer, the Court 
will appoint an attorney to represent her or him. The 
attorney will tell the Court what the person wants, 
not necessarily what is in his or her best interests. 
2.)  The right to notice that a petition for guardianship 
has been filed and the date, time, and place of the 
court hearing. 

3.)  The right to be present at the hearing unless there 

are significant reasons for not attending. 

or herself if she or he were competent.  The Court must 
consider the following when determining substituted 
judgment: 
 

•  preferences the person may have expressed 

previously regarding treatment with antipsychotic 
medications; 
• 
the person’s religious convictions; 
• 
the impact of the decision on the person’s family; 
• 
the probability of adverse side effects; and, 
•  possible outcomes (prognosis) with and without 

treatment 
 

Rogers guardianship cases are reviewed every year by the 
Court. 

Who is the Petitioner?    
ho is the Petitioner?
Who is the Petitioner?
Who is the Petitioner?
The person who files a petition in court is called the 
Petitioner. 

he Petitioner may be a physician, a hospital, a facility, a 

state agency, a friend, a neighbor or a family member. 

he Petitioner informs the Court about the person’s 

condition and needs which is validated by the filing of a 
Medical Certificate  (MPC 400) or Clinical Team Report 
(MPC 402). 

Who is the Respondent?    
ho is the Respondent?
Who is the Respondent?
Who is the Respondent?
The person the Petitioner thinks needs assistance is called 
the Respondent. With respect to a Rogers Guardianship the 
Respondent is an Incapacitated Person. 

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4.)  The right to object to the appointment of a 

guardian and the right to present evidence and cross-
examine witnesses. 

5.)  The right to object as to who will be named 

guardian or monitor. 

Monitor?    
What is a a a a RogersRogersRogersRogers    Monitor?
What is 
Monitor?
Monitor?
What is 
What is 
When the Court grants the guardian Rogers authority, the 
Court also appoints a person who is called a Rogers Monitor 
to oversee that the I.P. is being medicated in accordance 
with the Court approved treatment plan.  

The Rogers Monitor may be the person who was appointed 
as guardian or, it may be a different person. 

The Rogers Monitor should immediately review the details 
of the Appointment of Rogers Monitor (CJP 115) form 
which describes the duties of the Monitor. 

The Rogers Monitor and the guardian will review medical 
records, meet with staff and may attend case conferences if 
the I.P. is in a hospital or other facility. 

The Rogers Monitor must report to the Court in writing on a 
regular basis. A report must be filed prior to the yearly 
review. Failure to file reports may result in removal of the 
Monitor.  

Becoming a 
Guardian    
Becoming a RogersRogersRogersRogers    Guardian
Guardian
Guardian
Becoming a 
Becoming a 
To become a Rogers Guardian, a petitioner files a Petition 
for Appointment of Guardian for an Incapacitated 
Person (MPC 120) and specifically requests the authority to 
administer antipsychotic medication or other 
“extraordinary” medical treatment. 

filing a Petition to be 
Procedure for filing a Petition to be 
Procedure for 
filing a Petition to be 
filing a Petition to be 
Procedure for 
Procedure for 

appointed 
Adult    
Guardian of an an an an Adult
appointed Guardian of 
Adult
Adult
Guardian of 
Guardian of 
appointed 
appointed 
The procedure is described in detail on the Probate and 
Family Court website at: 
http://www.mass.gov/courts/selfhelp/guardians/ 

The necessary forms are also available on our website. 
http://www.mass.gov/courts/selfhelp/guardians/guardian-ip-
forms.html 

If you need assistance, you may contact the Registry of 
Probate for the Probate and Family Court in your county. 
In addition, assistance for qualified individuals may be 
available at these courthouses: 

Suffolk Division- 

Court Service Center 
Edward W. Brooke Courthouse 
24 New Chardon Street 
Boston, MA 02114 

Norfolk Division-  Wednesdays from 10 a.m. until 2 p.m. 

Norfolk Probate and Family Court 
35 Shawmut Road – 1st flr.
Canton, MA 02021 

Middlesex Division-  Thursdays from 9 a.m. until 1p.m. 

Franklin Division- 

Middlesex Probate and Family Court 
208 Cambridge Street – 2nd flr. 
East Cambridge, MA 02141 

Court Service Center 
Franklin Probate and Family Court 
43 Hope St. 
Greenfield, MA 01302 

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Service: Citation and Notice 
The Court will issue a citation with a “return date”.  Anyone 
who objects must do so by filing an appearance form by the 
return date. The citation must be delivered to the 
Respondent in person (“in hand”) by a disinterested person 
(someone who has no involvement in the case).  Other 
interested parties will receive the notice by mail or in 
person.  If an interested party is of parts unknown, the Court 
will order the Petitioner to publish the citation in the 
Respondent’s local newspaper. If warranted, a fee waiver 
may be granted by the Court to cover the cost of publication. 

Additional Forms You Need To File 
dditional Forms You Need To File
Additional Forms You Need To File
Additional Forms You Need To File

 

ll forms can be found on our website at: 

http://www.mass.gov/courts/forms/pfc/pfc-upc-forms-
generic.html  

edical Certificate (MPC 400) for an incapacitated person 

who is mentally ill. 

xam of Respondent must take place within 30 days of each  

hearing date. 

he Medical Certificate must be signed by a registered 

physician, a licensed psychologist or a certified psychiatric 
nurse clinical specialist. 
 

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In other divisions of the Probate and Family Court, please 
In other divisions of the Probate and Family Court, please 
see the Lawyer of the Day or the Court Service Center for 
see the Lawyer of the Day or the Court Service Center for 
assistance. 

 

here do I file a Guardianship Petition? 

A Guardianship Petition must be 
filed in the county where the 
Respondent resides OR where a 
will nominating a guardian could 
be probated OR in the county 
where an incapacitated person is 
admitted to a facility pursuant to a Court order. 

To request court approval to treat the Respondent with 
o request court approval to treat the Respondent with 
antipsychotic medication, you must check the box at #
“to treat Respondent with antipsychotic medication in 
“to treat Respondent with antipsychotic medication in 
following 
accordance with a Treatment Plan” OR “for the following 
treatment or action”. 

at #14, 

hat is the Fee? 

There are no filing fees for Guardianship petitions. 

ond of Guardian 

As the proposed guardian, the Petitioner must prepare and 
As the proposed guardian, the Petitioner must prepare and 
file a Bond (MPC 801) for both temporary and permanent 
for both temporary and permanent 
guardianship. The Bond promises that the petitioner 
petitioner agrees 
to submit to the jurisdiction of the Court.  Since this 
Since this 
appointment does not authorize the guardian to control the 
appointment does not authorize the guardian to control the 
y be filed 
assets of the respondent, the guardian’s bond may be filed 
without sureties. 

the estimated value of the real estate and 
he Bond requires the estimated value of the real estate and 

the personal estate belonging to the Respondent. 

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What Happens 
Next?    
What Happens Next?
Next?
Next?
What Happens 
What Happens 
If the judge decides the Respondent is competent to make 
his or her own decisions, the guardianship petition will be 
dismissed. 

f the Court finds that the guardianship should be allowed, 
and that the Rogers Treatment Plan should be approved, the 
Court will issue a decree, findings, and approve a treatment 
plan. 

he Court will appoint a Guardian (who may be the 

Petitioner(s) or a different person), and a Rogers Monitor.  
NOTE: The Guardian and the Rogers Monitor may be the 
same person, or two different people. 

n initial Guardian Report/Care Plan (MPC 821) must 

be filed 60 days after the appointment of a permanent 
guardian. 

inally, the Court will set a review date for one year after 
the permanent decree.  At the yearly review, the Court will 
consider reports submitted and either 
 

•  Continue the treatment plan for another year if no 

changes OR 

•  Approve a new (different) treatment plan OR  
• 

If a doctor has determined that the incapacitated 
person does not need to continue taking antipsychotic 
medications, and has regained the ability to make his 
or her own decisions, dismiss the guardianship. 
 

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Clinical Team Report (MPC 402) for an incapacitated 
person who is developmentally delayed   

xam of Respondent must have taken place within 180 days 

of the day the petition is filed. 

he Clinical Team Report must be signed by a physician, a 

licensed psychologist and a social worker. 

linician’s Affidavit as to Competency and Treatment 

(MPC 800) 
Clinician’s Affidavit must be completed by a licensed 
physician, psychiatrist, or certified psychiatric nurse clinical 
specialist who treats the Respondent or who has evaluated 
the Respondent. 

Temporary Guardianship 
emporary Guardianship
Temporary Guardianship
Temporary Guardianship
While a Petition for Guardianship is pending, if an 
emergency exists, the court may appoint a temporary 
guardian for a specific purpose, for a specific length of time 
(usually 90 days). 
 

 

The Hearing
The Hearing    
The Hearing
The Hearing
At the time of the hearing, Petitioner needs to submit 
proposed Findings of Fact and a proposed Treatment Plan 
(MPC 825). The Treatment Plan includes the antipsychotic 
medication(s) being proposed (with dosage and dosage 
range) and lists any alternative medications that might be 
implemented within the next 12 months. 

he Court will require a CARI (criminal record check) of 

the proposed guardian. 
 

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*SEE Standing Order 4-11 of the Probate and Family Court 

ttp://www.mass.gov/courts/case-legal-res/rules-of-

court/probate/pfc-orders/4-11.html  

Nursing Home Admission    
ursing Home Admission
Nursing Home Admission
Nursing Home Admission
After a Decree and Order of Appointment of a Guardian of 
an Adult has issued, if the Guardian seeks to admit the 
Incapacitated Person to a nursing facility for sixty (60) days 
or less, s/he must file a Notice of Intent to Admit to a 
Nursing Facility for Short Term Service (MPC 839). 

f a nursing home stay of more than sixty (60) days is 
anticipated or becomes necessary, a Petition to Expand, 
Modify or Limit the Powers of a Guardian and/or 
Conservator (MPC 220) will need to be filed. 

Additional Information    
dditional Information
Additional Information
Additional Information
The Guardian, the Respondent, or any other interested party 
may request a court hearing whenever circumstances require 
it. 

 permanent guardianship ends (terminates) in one of two 
ways: the Guardian or the Incapacitated Person dies OR it is 
determined that the I.P. is no longer incapacitated. 
 

All forms can be found on our website at: 
 
http://www.mass.gov/courts/forms/pfc/pfc-upc-forms-
generic.html 

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Process for Uncontested 
Administrative Process for Uncontested 
Administrative 
Process for Uncontested 
Process for Uncontested 
Administrative 
Administrative 

Annual 
Reviews    ****    
Annual RogersRogersRogersRogers    Reviews
Reviews
Reviews
Annual 
Annual 
There is an Administrative Process for annual Rogers 
reviews and/or extensions if there are no disagreements 
between those involved in the care of the I.P. This process is 
available beginning one year after entry of the permanent 
decree of guardianship. 

f there is NO disagreement, the following paperwork shall 
be filed with the Court in order to have the matter handled 
administratively without the necessity of having a hearing 
before a judge: 
 

•  Motion to Extend and/or Amend Treatment Plan 

(MPC 826) 

(MPC 391)   

•  Motion to Waive Appearance of Respondent  

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•  Clinician’s Affidavit and Report for Extension 

/Amendment (MPC 823) 

 

 

 

 

 

•  Treatment Plan (MPC 825) 

•  Report of Monitor (MPC 404) 

•  Guardian’s Care Plan/ Report (MPC 821) 

•  Representations of Respondent’s Counsel  

(MPC 512) 

•  Review Order (MPC 827) 

 

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www.mass.gov/courts 

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