Bond Requirement for Guardianship of a Minor in Massachusetts

One of the less intuitive requirements in a Massachusetts minor guardianship case is the bond. If you are a grandparent or relative filing for guardianship, you will encounter Form MPC 801 early in the process, and it helps to understand what it actually requires before you get to the registry.

What the Guardian Bond Is

A guardian bond is a financial guarantee filed with the Probate and Family Court promising that the guardian will faithfully perform their duties and properly manage any property belonging to the minor child. It protects the child's financial interests — if the guardian mishandles the child's money or assets, the bond provides a source of recovery.

In Massachusetts, the bond form for minor guardianship is MPC 801. It must be filed as part of the initial petition package alongside the MPC 140 petition, the child care disclosure affidavit, and the other required forms.

Personal Bond vs Surety Bond

There are two types of bond the court may accept:

Personal bond (no surety): The guardian signs the MPC 801 personally, pledging to fulfill their duties. No third-party insurance company is involved, and there is no premium to pay. The court may accept a personal bond when the minor has minimal or no property — which is the case for most kinship guardianship situations where the child has no inheritance, trust fund, or significant assets.

Surety bond: A bonding company (surety) guarantees the guardian's performance. The guardian pays an annual premium, typically 1% to 3% of the bond amount set by the court. Surety bonds are more common when the child owns property, has received an insurance settlement, or stands to inherit substantial assets.

How to Get the Surety Waived

In most relative guardianship cases, the child's only "assets" are clothing and personal belongings. When there is no significant property to protect, you can ask the court to waive the surety requirement. The judge has discretion to determine that a surety is not in the minor's best interest when:

• The child owns no real estate, bank accounts, or investments
• No inheritance or settlement is pending
• The guardianship is for care and custody, not property management

Your proposed decree (MPC 740) can include language requesting appointment without surety. If the judge agrees, you file MPC 801 as a personal bond with no surety premium.

What Happens If the Court Requires Surety

If the child does have property or the judge wants additional protection, you will need to contact a surety bonding company. The court sets the bond amount based on the value of the minor's assets. You pay the premium (usually annually) for as long as the guardianship continues.

Your local Court Service Center can provide a list of bonding companies that write guardian bonds in Massachusetts.

Filing the Bond

Submit MPC 801 with your initial filing package at the Registry of Probate. The form requires your signature as the proposed guardian. If a surety is required, the bonding company also signs.

After the court grants the guardianship petition, the Register of Probate will not issue Letters of Guardianship until the bond is properly filed and accepted.

The Bigger Picture

The bond is one of several forms in the guardianship filing package — along with the petition, disclosure affidavit, birth certificate, military affidavit, CARI release, and proposed decree. Missing any one of them can delay your hearing. The Massachusetts Guardianship and Custody Court Process Guide covers every form in filing order, including when to request a surety waiver, so the registry accepts your paperwork on the first visit.

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