Chapter 190B

Section 5–412. [Acceptance of Appointment; Consent to Jurisdiction.] Prior to receiving letters, a conservator, temporary conservator and special conservator shall accept appointment by filing a bond containing a statement of acceptance of the duties of the office. By accepting a…

Section 5–412A. [Emergency Orders; Temporary Conservators.] (a) While a petition for appointment of a conservator or other protective order is pending and after hearing and without notice to others, the court may make orders to preserve and apply the property of the person to be …

Section 5–413. [Compensation and Expenses.] If not otherwise compensated for services rendered, any guardian ad litem, attorney, physician, licensed psychologist, clinical team, guardian, special guardian, temporary guardian, conservator, temporary conservator or special conserva…

Section 5–415. [Petitions for Orders Subsequent to Appointment.] (a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: (1) requiring sureties or collateral or additional sureties or…

Section 5–416. [General Duty of Conservator; Plan.] (a) A conservator, in relation to powers conferred by this part, or implicit in the title acquired by virtue of the proceeding, shall act as a fiduciary and observe the standards of care applicable to trustees as described by ch…

Section 5–417. [Inventory and Records.] (a) Within 90 days after qualification, each conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed …

Section 5–418. [Accounts.] (a) Each conservator shall account to the court for administration of the trust not less than annually unless the court directs otherwise, upon resignation or removal and at other times as the court may direct. On termination of the protected person's m…

Section 5–419. [Conservators; Title By Appointment.] (a) The appointment of a conservator vests in the conservator title as fiduciary to all property, or to the part thereof specified in the order, of the protected person, held at the time of appointment or thereafter acquired. A…

Section 5–420. [Recording of Conservator's Letters.] (a) Letters of conservatorship are evidence of transfer of all assets or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all…

Section 5–421. [Sale, Encumbrance, or Transaction Involving Conflict of Interest Voidable; Exceptions.] Any sale or encumbrance to a conservator, the spouse, agent, attorney of a conservator or any corporation, trust, or other organization in which the conservator has a substanti…

Section 5–422. [Persons Dealing With Conservators; Protection.] (a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court order as provided in section 5–407 is protected as if the conservator properly…

Section 5–423. [Powers of Conservator in Administration.] (a) Subject to limitation provided in section 5–425, a conservator has all of the powers conferred in this section and any additional powers conferred by law. (b) A conservator without court authorization or confirmation, …

Section 5–423A. [Delegation.] (a) A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the management of investments that a prudent conservator of comparable skills may delegate under s…

Section 5–424. [Distributive Duties and Powers of Conservator.] (a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment or contrary to the plan filed pursuant to section 5–416, a conservator may expend or distribute income or principa…

Section 5–425. [Enlargement or Limitation of Powers of Conservator.] Subject to the restrictions in section 5–407(c), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred by sections 5–423 and 5–424, any power that the cou…

Section 5–426. [Preservation of Estate Plan; Right to Examine.] In (i) investing the estate, (ii) selecting assets of the estate for distribution under subsections (a) and (b) of section 5–424, and (iii) utilizing powers of revocation or withdrawal available for the support of th…

Section 5–427. [Claims Against Protected Person.] A conservator may pay or secure from the estate claims against the estate or against the protected person arising before or after the conservatorship.

Section 5–428. [Personal Liability of Conservator.] (a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal…

Section 5–429. [Removal or Resignation of Conservator; Termination of Disability; Termination of Proceedings.] (a) On petition of the protected person or any person interested in the protected person's welfare, the court, after notice and hearing, may remove a conservator if the …

Section 5–430. [Payment of Debt and Delivery of Property to Foreign Conservator without Local Proceedings.] (a) Any person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected per…

Section 5–431. [Foreign Conservator; Proof of Authority; Bond; Powers.] (a) If a conservator for a minor has not been appointed in the commonwealth and no petition in a protective proceeding is pending in the commonwealth, a conservator for a minor appointed in the state in which…

Section 5–501. [Definition.] (a) A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words ''This power of attorney shall not be affected by subsequent disability or incapacity of …

Section 5–502. [Durable Power of Attorney Not Affected By Lapse of Time, Disability or Incapacity.] All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the be…

Section 5–503. [Relation of Attorney in Fact to Court-appointed Fiduciary. ] (a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of th…

Section 5–504. [Power of Attorney Not Revoked Until Notice.] (a) The death of a principal who has executed a written power of attorney, durable or otherwise, shall not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the …

Section 5–505. [Proof of Continuance of Durable and Other Powers of Attorney by Affidavit.] As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the tim…

Section 5–506. [Enforcement.] The attorney in fact under a durable power of attorney is authorized to prosecute legal action for damages in behalf of the principal in the event of an unreasonable refusal of a third party to honor the authority of a valid durable power of attorney…

Section 5–507. [Protection; Third Parties.] No third party acting in good faith reliance on a durable power of attorney shall be held liable for action taken in such reliance.

Section 5A–101. [Short Title.] Article 5A shall be known and may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Section 5A–102. [Definitions.] As used in this Article, the following terms shall have the following meanings: (1) ''Adult'', an individual who has attained 18 years of age. (2) ''Conservator'', a person appointed by the court to administer the property of an adult, including a p…

Section 5A–103. [International Application of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.] A court of the commonwealth may treat a foreign country as if it were a state for the purpose of applying Parts 1, 2, 3 and 5 of the uniform adult guardiansh…

Section 5A–104. [Communication Between Courts.] (a) A court of the commonwealth may communicate with a court in another state concerning a proceeding arising under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The court may allow the parties to parti…

Section 5A–105. [Cooperation Between Courts.] (a) In a guardianship or protective proceeding in the commonwealth, a court of the commonwealth may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that…

Section 5A–106. [Taking Testimony In Another State.] (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in the commonwe…

Section 5A–201. [Definitions; Significant Connection Factors.] (a) As used in this part, the following terms shall have the following meaning: (1) ''Emergency'', a circumstance that will likely result in substantial harm to a respondent's health, safety or welfare and for which t…

Section 5A–202. [Exclusive Basis.] Part 2 of this Article provides the exclusive jurisdictional basis for a court of the commonwealth to appoint a guardian or issue a protective order for an adult.

Section 5A–203. [Jurisdiction.] A court of the commonwealth has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) the commonwealth is the respondent's home state; (2) on the date the petition is filed, the commonwealth is a significant-connec…

Section 5A–204. [Special Jurisdiction.] (a) A court of the commonwealth lacking jurisdiction under paragraphs (1) to (3), inclusive, of section 5A–203 has special jurisdiction to: (1) appoint a guardian in an emergency for a respondent who is physically present in the commonwealt…

Section 5A–205. [Exclusive and Continuing Jurisdiction.] Except as otherwise provided in section 5A–204, a court that has appointed a guardian or issued a protective order consistent with this Article shall have exclusive and continuing jurisdiction over the proceeding until it i…

Section 5A–206. [Appropriate Forum.] (a) A court of the commonwealth that has jurisdiction under section 5A–203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if the court determines, at any time, that a court of another state is a more…

Section 5A–207. [Jurisdiction Declined by Reason of Conduct.] (a) If at any time a court of the commonwealth determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdi…

Section 5A–208. [Notice of Proceeding.] If a petition for the appointment of a guardian or issuance of a protective order is brought in the commonwealth and the commonwealth was not the respondent's home state on the date the petition was filed, in addition to complying with the …

Section 5A–209. [Proceedings in More than One State.] Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the commonwealth under paragraph (1) or (2) of subsection (a) of section 5A–204, if a pet…

Section 5A–301. [Transfer of Guardianship or Conservatorship to Another State.] (a) A guardian or conservator appointed in the commonwealth may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) shall…

Section 5A–302. [Accepting Guardianship or Conservatorship Transferred from Another State.] (a) To confirm the transfer of a guardianship or conservatorship to the commonwealth under provisions similar to section 5A–301, the guardian or conservator shall petition the court in the…

Section 5A–401. [Registration of Guardianship Orders.] If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the commonwealth, the guardian appointed in the other state, after giving notice to the appointing court of …

Section 5A–402. [Registration of Protective Orders.] If a conservator has been appointed in another state and a petition for a protective order is not pending in the commonwealth, the conservator appointed in the other state, after giving notice to the appointing court of an inte…

Section 5A–403. [Effect of Registration.] (a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in the commonwealth all powers authorized in the order of appointment except those powers prohibited under the laws o…

Section 5A–501. [Uniformity of Application and Construction.] In applying and construing this Article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Section 5A–502. [Relation to Electronic Signatures in Global and National Commerce Act.] This Article modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but shall not modify, limit or supersede section 1…