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To make your guardianship designation form legally binding, it must be properly witnessed according to Massachusetts law. This means that the document must be signed by two individuals, in addition to yourself. Why is this necessary?
Well, witnesses play a crucial role as their presence adds an extra layer of credibility and authenticity to the process. If for some reason your guardianship designation form was ever challenged in court, witnesses may be called upon to testify in court, confirming under oath that they were present and saw the document being signed as claimed. This ensures the document's validity and helps establish a reliable record, adding weight to the legal standing of the signed agreement.
In this guide, we'll walk you through the steps of getting your online guardianship designation form properly witnessed.
Step 1: Obtain Your Online Guardianship Designation Form: Whether you've already completed your guardianship designation form or are in the process of doing so through our online platform, ensure that the document aligns with your preferences.
Step 2: Print the Document: Once you have filled out the online form, it's time to print out the document. Ensure that the text is clear and legible for the witnessing process.
Step 3: Choose Two Trusted Witnesses: Your guardianship designation must be signed by at least two witnesses. Ensure that witnesses you select meet the following requirements:
- Witnesses should not have any personal interest in the guardianship appointment. So this means you should NOT have the guardians you’ve selected serve as witnesses. Friends, family, or colleagues can serve as suitable witnesses.
- Witnesses must be at least 18 years old.
- Witnesses must be of sound mind and not under the influence of substances.
Step 4: Arrange a Meeting: Find a time for your witnesses to sign, whether you’re having a couple over for dinner, attending your next book club or family function. You just need to ensure that all parties to each document are present to sign the document simultaneously. This can be done anywhere.
Step 5: Signing the Document: With all parties present, the parent should sign the document in the presence of the witnesses. The witnesses, in turn, should sign the document, verifying the parent's signature.
Step 6: Keep Copies: Make copies of the signed and witnessed guardianship designation form for all parties involved. Keep the original in a safe and accessible location.
By following these steps, parents in Massachusetts can ensure that their guardianship designation forms are properly witnessed, meeting the legal requirements of the state.
