Minors – Age of Majority – Massachusetts
Section 85P. Except as otherwise specifically provided by law, any person domiciled in the commonwealth who has reached the age of eighteen shall for all purposes, and any other person who has reached the age of eighteen shall with respect to any transaction governed by the law of the commonwealth, be deemed of full legal capacity unless legally incapacitated for some reason other than insufficient age.
Part III, Title II, Chapter 231: Section 85P.
Age of Majority
18 (Ch. 231 §85P)
Emancipation is a court process in which a minor may be legally declared an independent adult. Massachusetts General Laws do not specify who is eligible for emancipation in the state. Typically, a minor must file a petition with the court and present his or her case at hearing before a judge will grant emancipation.
In most circumstances, a contract will be invalid if one party to the contract is a minor. Massachusetts recognizes a few exceptions for necessaries and education, motor vehicle liability insurance (if age sixteen or older), and life insurance (for age 15 or older). (Massachusetts General Laws Chapter 175 sections 113K and 128 and court decisions). (Ch. 175 §§113K, 128, common law)
Ability to Sue
By next friend, representative, or guardian ad litem (R. Civ. Pro. 17(b))
Consent to Medical Treatment
If 12 or over and certified to be drug dependent, may consent to appropriate medical care (Ch. 112 §12E); minor may also consent to emergency care when: married, widowed, divorced; is a parent;
is a member of armed forces; lives separately from parents and manages own financial affairs; has come into contact with dangerous public health disease; is pregnant (Ch. 112 §12F)