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Older people and those with mental difficulties sometimes need assistance to manage their life and legal affairs. The Probate and Family Court assists in these matters by giving guardianship to responsible, interested adults. Family members are generally preferred.
Similarly, when neither of a child’s parents is able to provide for the child’s needs and best interests, the courts look to others. Family members — grandparents, aunts, uncles, and adult siblings — are generally preferred. In these cases, the courts assign rights and responsibilities to the guardian. Older children 12 are given some voice in this process, but the courts always look to the best interest of minor children. The court can and does order that child support be paid when parental income is available. Visitation orders are crafted when parental visitation is in the best interest of the children.