MPC 140 Petition for Guardianship of a Minor in Massachusetts: What You Need to Know
The Right Form Matters
If you're searching for guardianship forms in Massachusetts, you'll find two petitions that look similar: MPC 120 and MPC 140. They serve completely different purposes.
MPC 140 is the Petition for Appointment of Guardian of a Minor — the form you need when seeking guardianship of a child under 18.
MPC 120 is the Petition for Appointment of Guardian for an Incapacitated Person — strictly for adult guardianship cases.
Filing the wrong form means the court rejects your petition and you start over. This mix-up is common enough that official court guides specifically warn against it.
Where to Get the MPC 140
Download MPC 140 for free from Mass.gov's court forms page for guardianship of a minor. The form is a fillable PDF — Mass.gov recommends downloading it and opening it in Adobe Acrobat Reader rather than filling it out in your browser, since interactive features may not work properly in some browsers.
All Probate and Family Court forms for minor guardianship are public domain and free to download. You never need to pay a third-party website for these forms.
What the MPC 140 Asks For
The petition requires:
- Your information — name, address, and relationship to the child
- The child's information — name, date of birth, and current residence
- The parents' information — names, addresses, and status (living, deceased, rights terminated, whereabouts unknown)
- Grounds for guardianship — why the court should appoint a guardian (parental consent, parental unfitness, parental death, prior guardian resigned, etc.)
- Any pending cases — whether the child is involved in any other court proceedings
Sign the petition under penalties of perjury. You do not need a notary for the MPC 140 itself, but several supporting documents do require notarization.
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Supporting Documents You File With It
The MPC 140 doesn't go alone. You need to file these alongside it:
| Form | Purpose | Notes |
|---|---|---|
| Child Care or Custody Disclosure Affidavit (Trial Court Rule IV) | Discloses prior or pending court cases involving the child | Signed under penalty of perjury |
| MPC 801 (Bond of Guardian) | Financial bond — the court may waive the surety requirement | Signed by the proposed guardian |
| MPC 740 (Proposed Decree and Order) | Draft decree for the judge to sign if the petition is granted | Prepared by you, signed by the judge |
| TC0002 (Military Affidavit) | States the military status of nonappearing interested parties | File when required by Uniform Probate Court Practice XXV |
| Certified birth certificate | Proves the child's identity and parentage | From Vital Records |
Conditional forms, depending on your situation:
- MPC 440 — Notarized Waiver and Consent (if a parent consents)
- MPC 441 — Consent or Nomination by Minor (if the child is 14 or older and wishes to consent or nominate a guardian; must be notarized)
- MPC 340 — Verified Motion for Temporary Guardian (if you need emergency or temporary authority)
- Affidavit of Indigency — if you need court fees and service costs waived
- Supplemental Child Care/Custody Disclosure — if more than 4 children are involved
Filing the Petition
For a Probate and Family Court filing, venue is the county where the child resides or, when a parent or guardian nominated a guardian in a will, the county where that will was or could be probated. In District or Juvenile Court, venue is where the underlying proceeding was filed. Your options:
- In person or by mail at the Registry of Probate
- Online via eFileMA — upload MPC 140 first, then attachments in order; a one-time $22 platform fee applies
The initial filing fee for a minor guardianship petition is $0. The court charges $15 per citation and $5 per summons issued later.
After You File
The Registry issues a citation with a return date (typically 21–45 days out). You must give notice to interested parties under M.G.L. c. 190B, § 5-206, including living parents whose rights have not been terminated or voluntarily surrendered; the child if 14 or older and not the petitioner; anyone awarded care or custody, anyone alleged to have had primary care or custody, or anyone the child lived with during the previous 60 days (excluding foster parents); any current guardian or conservator; any guardian nominated by a parent or the child; and the child's spouse, if married. If no living parent is entitled to notice, notice goes to adult siblings or, if none, heirs apparent or presumptive. Also notify DCF if it has custody and the U.S. Veterans Administration if the child receives its benefits. Most parties must receive notice at least 14 days before the hearing; DCF and the Veterans Administration, when entitled to notice, receive first-class mail at least 7 days before.
Then comes the CARI/WMS background screening (form CJP 34), the hearing, and — if granted — the Decree and Order (MPC 740) and Letters of Guardianship.
Get the Complete Filing Sequence
Each of these forms has specific requirements for who signs, how they're executed, and when they're filed. Our Massachusetts Guardianship and Custody Court Process Guide maps the entire filing sequence with a pre-filing checklist, form-by-form instructions, and deadline-tracking logs.
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Download the Massachusetts Guardianship Filing Checklist — a printable guide with checklists, scripts, and action plans you can start using today.