Massachusetts Statutes

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…

Section 5A–503. [Transitional Provision.] (a) This Article shall apply to guardianship and protective proceedings begun on or after January 1, 2015. (b) Parts 1, 3 and 4 and section 5A–501 and section 5A–502 shall apply to proceedings begun before January 1, 2015 regardless of wh…

Section 6–101. [Nonprobate Transfers on Death.] (a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage promissory note, certificated or uncertificated security, account, agreement, custodial agreement, deposit agreement, …

Section 6–301. [Definitions.] In this part: (1) ''Beneficiary form'', a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) ''Re…

Section 6–302. [Registration in Beneficiary Form; Sole or Joint Tenancy Ownership.] Only individuals whose registration of a security shows sole ownership by 1 individual or multiple ownership by 2 or more with rights of survivorship, rather than as tenants in common, may obtain …

Section 6–303. [Registration in Beneficiary Form; Applicable Law.] A security may be registered in beneficiary form if the form is authorized by this part or a similar law of the state of organization of the issuer or registering entity, the location of the registering entity's p…

Section 6–304. [Origination of Registration in Beneficiary Form.] A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths…

Section 6–305. [Form of Registration in Beneficiary Form.] Registration in beneficiary form may be shown by the words ''transfer on death'' or the abbreviation ''TOD'', or by the words ''pay on death'' or the abbreviation ''POD'', after the name of the registered owner and before…

Section 6–306. [Effect of Registration in Beneficiary Form.] The designation of a transfer on death beneficiary on a registration in beneficiary form shall have no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or cha…

Section 6–307. [Ownership on Death of Owner.] On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and complian…

Section 6–308. [Protection of Registering Entity.] (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration i…

Section 6–309. [Nontestamentary Transfer on Death.] (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary. (b) …

Section 6–310. [Terms, Conditions, and Forms for Registration.] (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implem…

Section 6–311. [Rights of Creditors and Others.] (a) If other assets of the estate are insufficient, a transfer resulting from registration under this part shall not be effective against the estate of a deceased party to the extent needed to pay claims against the estate and stat…

Section 7–501. [Transfer of Property; Statutory Custodianship Trustee; Revocability.] An adult person may, during his lifetime, transfer any property owned by him, in any manner otherwise consistent with law, to 1 or more named persons designated, in substance, as a ''statutory c…

Section 7–502. Section 7–502. [Application of Income and Principal; Accounting by Trustee.] During the life of the transferor the trustee or trustees shall apply the income and principal, by payment to the transferor or by direct expenditure, as may be necessary for the comfortab…

Section 7–503. [Resignation or Removal of Trustee; Appointment to Fill Vacancy.] A trustee may resign by an instrument in writing delivered to the transferor or to the transferor's guardian or conservator, if any. A trustee may be removed by the transferor by an instrument in wri…

Section 15. The surviving husband or wife of a deceased person, except as provided in section thirty-six of chapter two hundred and nine, within six months after the probate of the will of such deceased, may file in the registry of probate a writing signed by him or by her, waivi…

Section 16. The probate court may upon application of a person interested appoint one or more trustees, who shall be subject to chapter two hundred and three so far as applicable, to hold during the life of a husband or widow any personal property to the income of which he or she…

Section 1. This chapter may be cited as the Massachusetts Uniform Statutory Will Act. As used in this chapter, the following words and phrases shall have the following meanings:— (1) ''Child'', except as modified by this paragraph, a child of a natural parent whose relationship i…

Section 10. (a) A will incorporating by reference the terms of this chapter shall not exercise a power of appointment unless (i) the will complies with any conditions imposed on the exercise of the power, (ii) the appointment is within the scope of the power, and (iii) the will e…