Chapter 190B

Section 4–101. [Definitions.] In this Article: (1) ''Domiciliary foreign guardian or foreign conservator'', a foreign guardian or foreign conservator currently qualified and acting under appointment by a court of another jurisdiction in which the protected person is currently dom…

Section 4–201. [Payment of Debt and Delivery of Property to Domiciliary Foreign Personal Representative Without Local Administration.] (a) At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident de…

Section 4–202. [Payment or Delivery Discharges.] Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a lo…

Section 4–203. [Resident Creditor Notice.] Payment or delivery under section 4–201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to or appoi…

Section 4–204. [Proof of Authority–Bond.] If no local administration or application or petition therefor is pending in the commonwealth, a domiciliary foreign personal representative may file with a court in the commonwealth in a county in which property belonging to the decedent…

Section 4–205. [Powers.] A domiciliary foreign personal representative who has complied with section 4–204 may exercise as to personal property in the commonwealth all powers of a local personal representative acting in a similar representative capacity and may maintain actions a…

Section 4–206. [Power of Representatives in Transition.] The power of a foreign personal representative under section 4–201 or 4–205 shall be exercised only if there is no administration or application therefor pending in the commonwealth. An application or petition for local adm…

Section 4–207. [Ancillary and Other Local Administrations; Provisions Governing.] In respect to a nonresident decedent, the provisions of article III of this code govern (1) proceedings, if any, in a court of the commonwealth for probate of the will, appointment, removal, supervi…

Section 4–301. [Jurisdiction by Act of Foreign Personal Representative.] A foreign personal representative submits personally to the jurisdiction of the courts of the commonwealth by (1) filing authenticated copies of his appointment as provided in section 4–204, (2) receiving pa…

Section 4–302. [Jurisdiction by Act of Decedent.] In addition to jurisdiction conferred by section 4–301, a foreign personal representative is subject to the jurisdiction of the courts of the commonwealth to the same extent that the decedent was subject to jurisdiction immediatel…

Section 4–302A. [Proceedings to Determine Property Rights.] In any proceeding in the commonwealth to determine rights in real or personal property in the commonwealth or administered by a fiduciary in the commonwealth or under a will admitted to probate in the commonwealth: (a) T…

Section 4–303. [Service on Foreign Personal Representative.] (a) In addition to and not in limitation of other provisions of law, service of process may be made upon the foreign personal representative, guardian or conservator by registered or certified mail, addressed to the las…

Section 4–401. [Effect of Adjudication For or Against Personal Representative.] An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate of a non resident decedent is as binding on the local personal representative as if the lo…

Section 5–101. [Definitions and Inclusions.] As used in parts 1 to 4, inclusive, of this article: (1) ''Claims'', in respect to a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which a…

Section 5–102. [Facility of Payment or Delivery.] (a) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to: (1) the minor; (2) any person havi…

Section 5–103. [Delegation of Powers by Parent or Guardian.] (a) A parent or parents of a minor, other than a parent or parents whose parental rights have been terminated or a parent who has signed a voluntary surrender, or a guardian or guardians of a minor or incapacitated pers…

Section 5–105. [Venue.] (a) Provided that the court has jurisdiction: (1) venue for a guardianship proceeding for a minor is in the court at the place where the minor resides at the time the proceedings are commenced, or, in the case of a nomination of a guardian by the will of a…

Section 5–106. [Appointment of Counsel; Guardian ad Litem.] (a) After filing of a petition for appointment of a guardian, conservator or other protective order, if the ward, incapacitated person or person to be protected or someone on his behalf requests appointment of counsel; o…

Section 5–107. [Protection of Minors] The court shall not appoint as guardian any person petitioning for guardianship who: (i) is currently being investigated or has charges pending for committing an assault and battery that resulted in serious bodily injury to the minor, incapac…

Section 5–201. [Appointment and Status of Guardian of Minor.] A person may become a guardian of a minor by appointment by parent or guardian or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of t…

Section 5–202. [Parental or Guardian Appointment of Guardian for Minor.] (a) A parent, by will or other writing signed by the parent and attested by at least 2 witnesses, may appoint a guardian for any minor child the parent has or may have in the future, may revoke or amend the …

Section 5–203. [Objection by Minor Fourteen or Older to Parental Appointment.] Except where the court has previously confirmed a nominee under section 5–202(c), (i) a minor 14 or more years of age who is the subject of a parental appointment, (ii) the other parent, if that parent…

Section 5–204. [Court Appointment of Guardian of Minor; Conditions for Appointment; Temporary Guardian.] (a) The court may appoint a guardian for a minor if (i) the minor's parents are deceased or incapacitated, (ii) the parents consent, (iii) the parents' parental rights have be…

Section 5–206. [Procedure for Court Appointment of Guardian of Minor.] (a) A minor 14 or more years of age or any person interested in the welfare of the minor may petition for appointment of a guardian. (b) After the filing of a petition, notice shall be given in the manner pres…

Section 5–207. [Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee.] (a) The court may appoint as guardian any person whose appointment would be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the min…

Section 5–208. [Bond; Consent to Service by Acceptance of Appointment; Notice.] (a) Prior to receiving letters, a guardian shall accept appointment by filing a bond conditioned upon faithful discharge of all duties of the trust according to law and containing a statement of accep…

Section 5–209. [Powers, Duties, Rights and Immunities of Guardian of Minor; Limitations.] (a) A guardian of a ward has the powers and responsibilities of a parent regarding the ward's support, care, education, health and welfare. A guardian shall act at all times in the ward's be…

Section 5–210. [Termination of Appointment of Guardian; General.] A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority, but termination shall not affec…

Section 5–212. [Resignation, Removal, and Other Post-appointment Proceedings.] (a) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward o…

Section 5–301. [Nomination of Guardian for Incapacitated Person by Will or Other Writing.] (a) A parent, by will or other writing signed by the parent and attested by at least 2 witnesses, may nominate a guardian for an unmarried adult child who the parent believes is an incapaci…

Section 5–303. [Procedure for Court Appointment of a Guardian of an Incapacitated Person.] (a) An incapacitated person or any person interested in the welfare of the person alleged to be incapacitated may petition for a determination of incapacity, in whole or in part, and the ap…

Section 5–304. [Notice in Guardianship or Conservatorship Proceeding.] (a) In a proceeding for the appointment of a guardian or conservator or for protective order, notice shall be given by the petitioner to: (1) the person alleged to be incapacitated or the person to be protecte…

Section 5–305. [Who May Be Guardian; Priorities.] (a) Any qualified person may be appointed guardian of an incapacitated person. (b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated per…

Section 5–306. [Findings; Order of Appointment.] (a) The court shall exercise the authority conferred in this part so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent nece…

Section 5–306A. [Substituted Judgment.] (a) No guardian, temporary guardian or special guardian of a minor or an incapacitated person shall have the authority to consent to treatment for which substituted judgment determination may be required, provided that the court shall autho…

Section 5–307. [Bond; Acceptance of Appointment; Consent to Jurisdiction.] (a) Prior to receiving letters, a guardian shall accept appointment by filing a bond conditioned upon faithful discharge of all duties of the trust according to law and containing a statement of acceptance…

Section 5–308. [Emergency Orders; Temporary Guardians.] (a) While a petition for appointment of a guardian is pending, if an incapacitated person has no guardian, and the court finds that following the procedures of this article will likely result in immediate and substantial har…

Section 5–309. [Powers, Duties, Rights and Immunities of Guardians, Limitations.] (a) Except as limited pursuant to section 5–306(c), a guardian of an incapacitated person shall make decisions regarding the incapacitated person's support, care, education, health and welfare, but …

Section 5–310. [Termination of Guardianship for Incapacitated Person.] The authority and responsibility of a guardian of an incapacitated person terminates upon the death of the guardian or incapacitated person, the determination of incapacity of the guardian, the determination t…

Section 5–311. [Removal or Resignation of Guardian; Termination of Incapacity.] (a) On petition of the incapacitated person or any person interested in the incapacitated person's welfare, the court, after notice and hearing, may remove a guardian if the person under guardianship …

Section 5–313. [Religious Freedom of Incapacitated Person.] It shall be the duty of all guardians appointed under this Article to protect and preserve the incapacitated person's right of freedom of religion and religious practice.

Section 5–401. [Management of Estate.] (a) Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a limited or unlimited conservator or make any other protective order for cause as provided in this section. (b) Appointment…

Section 5–402. [Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons.] After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition …

Section 5–404. [Original Petition for Appointment or Protective Order.] (a) The person to be protected or any person who is interested in the estate, affairs, or welfare of the person, including a parent, guardian, custodian, or any person who would be adversely affected by lack …

Section 5–405. [Notice.] (a) On a petition for appointment of a conservator or other protective order, the requirements for notice described in section 5–304 apply, but (i) if the person to be protected has disappeared or is otherwise situated so as to make personal service of no…

Section 5–407. [Findings; Order of Appointment; Permissible Court Orders.] (a) The court shall exercise the authority conferred in this Part to encourage the development of maximum self-reliance and independence of a protected person and make protective orders only to the extent …

Section 5–408. [Protective Arrangements and Single Transactions Authorized.] (a) Upon petition, after notice as provided in section 5–405 and hearing, and if a basis exists as described in section 5–401 for affecting the property and business affairs of a person, the court, witho…

Section 5–409. [Who May Be Appointed Conservator; Priorities.] (a) Subject to subsection (c), the court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideratio…

Section 5–410. [Bond.] (a) A conservator, temporary conservator and special conservator shall furnish a bond conditioned upon faithful discharge of all duties of the trust according to law and containing a statement of acceptance of the duties of the office. A surety shall be req…

Section 5–411. [Terms and Requirements of Bonds.] (a) The following requirements and provisions apply to any bond required under sections 5–208, 5–305 and 5–307: (1) Bonds shall name the first judge of the court making the appointment and his successors as obligee for the benefit…