Q: In 2004, I had to report my mom missing in the state of Florida, where we lived at the time. I never stopped looking for her. She was added to the NAMUS database in 2009. This is the National Missing Persons database and website for missing or endangered persons for the entire United States. At the end of 2024, I received a call from the detective on my mom’s case. They had located her. She was in Massachusetts under court-ordered guardianship and had an ID with her Florida address. Because the facility she was placed in applied for her Social Security on her behalf to pay the guardian and privately owned facility, what rights did I or my mother have to be able to see each other, as her health was failing? Also, does a guardian have a legal obligation to make the courts aware that my mom had a family that wanted to be involved and loved her? After my mom's death, which was in August of this past year, the guardian told the facility to throw all her personal belongings away. That was after I asked for the things I had sent my mom and her personal belongings.
A: Finding your mother after 20 years, only to face legal barriers and the loss of her personal items, is an incredibly heavy burden to carry.
The situation you’re describing touches on guardianship law, which varies by state but generally follows specific ethical and legal standards. Below is a breakdown of the rights and obligations involved in a case like this, specifically focused on Massachusetts and Florida law.
1. Did the Guardian Have a Duty to Find You?
Yes, generally. In both Massachusetts and Florida, a guardian has a legal and ethical obligation to act in the “best interest” of the protected person (the ward).
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Due Diligence: When a court appoints a guardian, they are supposed to perform a search for “interested parties” (heirs and close family). If your mother had an ID with her Florida address and a Social Security number, a basic background check or a diligent search should have revealed her identity and her status as a missing person.
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Reporting to the Court: Guardians are required to file periodic reports. If a guardian becomes aware that family members exist, they are legally obligated to disclose that to the probate court. Intentionally withholding that information to maintain total control is often considered a breach of fiduciary duty.
2. Your Right to Visitation
Until recently, many guardians had “gatekeeper” power to block family visits. However, laws have changed significantly to prevent “guardian isolation.”
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The Right to Association: Most states now recognize that a person under guardianship retains the right to see their family unless a judge specifically rules that the visit would be physically or emotionally harmful.
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Notice of Health Changes: In many jurisdictions, guardians are legally required to notify immediate family if the ward is hospitalized, moves to a new facility, or passes away.
3. The Disposal of Personal Belongings
When a person under guardianship passes away, the guardian’s authority usually ends and the case moves into probate law.
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Preserving the Estate: A guardian generally does not have the right to throw away a deceased person’s property, especially if they know a grieving family member wants those items. Those items belong to your mother’s estate.
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Potential Liability: If the guardian destroyed property after you explicitly asked for it, they may be liable for conversion (the legal term for unauthorized taking or destruction of property) or breach of duty.
Summary of Potential Legal Violations
|
Issue |
Potential Legal Standing |
|---|---|
|
Failure to Search |
Possible breach of fiduciary duty for not identifying interested parties |
|
Isolation |
Violation of your mother’s right to association/visitation |
|
Property Destruction |
Potential liability for destruction of estate assets and personal effects |
Recommended Next Steps
Because your mother was a missing person for two decades and was essentially found’ by the state without you being notified, there may be a case for gross negligence or violation of civil rights.
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Request the Court Records: Contact the probate and family court in the Massachusetts county where your mother lived. Request the full case file for her guardianship. Look for the petitions to see what the guardian told the judge about her “unknown” family.
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Consult a probate litigator: You need an attorney who specializes in contested guardianships or probate litigation in Massachusetts. They can determine if the guardian lied to the court or failed to perform a mandatory search.
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File a Complaint: You can file a formal grievance against the guardian through the Massachusetts Office of Adult Guardianship or the court that oversaw her case.
Contact the detective: Keep the records from the detective who finally located her. This documentation proves she was in a national database (NAMUS) that the guardian or facility failed to check.
Full Article & Source:
Missing Person Found: Guardian's Duties to Family?
