Massachusetts Statutes

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…

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…