Massachusetts Statutes

Section 14. (a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the cust…

Section 15. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under section four, a custodian has a noncumulative election during each calendar…

Section 16. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, shall not be responsible for deter…

Section 17. (a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial pr…

Section 18. (a) A person nominated under section three or designated under section nine as custodian may decline to serve in a writing delivered to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a tran…

Section 19. (a) A minor who has attained the age of fourteen years, the minor's guardian, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (i) for an accounting by the custodian or the custodian's legal representat…

Section 2. (a) Except as otherwise provided in section twenty-two, this chapter shall apply to a transfer that refers to this chapter in the designation under subsection (a) of section nine by which the transfer is made if, at the time of the transfer, the transferor, or the mino…

Section 20. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (1) the minor's attainment of twenty-one years of age with respect to custodial property transferred to a custodian nominated as pro…

Section 21. This chapter applies to a transfer within the scope of section two made after its effective date if: (1) the transfer purports to have been made under the Massachusetts Uniform Gifts to Minors Act; or (2) the instrument by which the transfer purports to have been made…

Section 22. (a) Any transfer of custodial property as now defined in this chapter made at a time when this chapter was entitled the Uniform Gifts to Minors Act is validated notwithstanding that there was no specific authority in the Massachusetts Uniform Gifts to Minors Act for t…

Section 23. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Section 24. This chapter may be cited as the ''Massachusetts Uniform Transfers to Minors Act''.

Section 3. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed …

Section 4. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section nine.

Section 5. (a) A personal representative or trustee may make an irrevocable transfer pursuant to section nine to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has nominated a custodian under section three to re…

Section 6. (a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or another trust company as custodian for the benefit of a minor pursuant to section nine, in the absence of a will or under a will or trust that does …

Section 7. (a) Subject to subsections (b) and (c), a person not subject to section five or section six who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section…

Section 8. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.

Section 9. (a) Custodial property is created and a transfer is made whenever: (1) an uncertificated security or a certificated security in registered form is either (i) registered in the name of the transferor, an adult other than the transferor or a trust company, followed in su…

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Attending physician'', the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of th…

Section 10. A person may not require or prohibit the execution of a health care proxy by an individual as a condition for providing health care services or insurance of such individual.

Section 11. Nothing in this chapter shall limit the enforceability of a health care proxy or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction; provided, however, that no person or health care provider or facilit…

Section 12. Nothing in this chapter shall be construed to constitute, condone, authorize, or approve suicide or mercy killing, or to permit any affirmative or deliberate act to end one's own life other than to permit the natural process of dying.

Section 13. Nothing in this chapter shall preclude any medical procedure deemed necessary by the attending physician to provide comfort care or pain alleviation. Such procedures shall include but not be limited to treatment with sedatives and pain-killing drugs; non-artificial or…

Section 14. Notwithstanding any provisions herein to the contrary, nothing in this chapter shall be construed to require a physician to honor an agent's health care decision that the physician would not honor if the decision had been made by the principal because the decision is …

Section 15. Notwithstanding any provisions herein to the contrary, nothing in this chapter shall be construed to require a private facility to honor an agent's health care decision that the facility would not honor if the decision had been made by the principal because the decisi…

Section 16. In those instances that a health care proxy has not been executed, nothing herein shall preclude a health care provider from relying upon the informed consent of responsible parties on behalf of incompetent or incapacitated patients to the extent permitted by law. Not…

Section 17. The health care provider, the conservator for, or guardian of the principal, members of the principal's family, a close friend of the principal, or the commissioner of public health may commence a special proceeding in a court of competent jurisdiction, with respect t…

Section 2. Every competent adult shall have the right to appoint a health care agent by executing a health care proxy. Said health care proxy shall be in writing signed by such adult or at the direction of such adult in the presence of two other adults who shall subscribe their n…

Section 3. No person who is an operator, administrator or employee of a facility may be appointed as health care agent by an adult, who, at the time of executing the health care proxy is a patient or resident of such facility or has applied for admission to such facility unless s…

Section 4. The health care proxy shall: (i) identify the principal and the health care agent; (ii) indicate that the principal intends the agent to have authority to make health care decisions on the principal's behalf; (iii) describe the limitation, if any, that the principal in…

Section 5. An agent shall have the authority to make any and all health care decisions on the principal's behalf that the principal could make, including decisions about life-sustaining treatment, subject, however, to any express limitations in the health care proxy. After consul…

Section 6. The authority of a health care agent shall begin after a determination is made, pursuant to the provisions of this section, that the principal lacks the capacity to make or to communicate health care decisions. Such determination shall be made by the attending physicia…

Section 7. A principal may revoke a health care proxy by notifying the agent or a health care provider orally or in writing or by any other act evidencing a specific intent to revoke the proxy. For the purposes of this section, every principal shall be presumed to have the capaci…

Section 8. No health care provider or employee thereof shall be subject to criminal or civil liability or be deemed to have engaged in unprofessional conduct, for carrying out in good faith a health care decision by an agent pursuant to a health care proxy. No person acting as ag…

Section 9. Liability for the cost of health care provided pursuant to an agent's decision shall be the same as if the health care were provided pursuant to the principal's decision.

Section 1. As used in this chapter the following words shall have the following meanings, unless the context clearly indicates otherwise:— ''Authorizing party'', a parent, legal guardian or legal custodian who authorizes a caregiver to act under a caregiver authorization affidavi…

Section 2. A parent, legal guardian or legal custodian of a minor, by a caregiver authorization affidavit, may authorize a designated caregiver to exercise certain concurrent parental rights and responsibilities relative to a designated minor's education and health care, as descr…

Section 3. Under a caregiver authorization affidavit, a caregiver may: (1) consent to medical, surgical, dental, developmental, mental health or other treatment for the minor under the supervision or upon the advice of a health care professional licensed to practice in the common…

Section 4. A person who relies on a caregiver authorization affidavit that is consistent with the requirements of this chapter has no obligation to make any further inquiry or investigation and shall not incur any criminal or civil liability or be subject to professional discipli…

Section 5. The caregiver authorization affidavit shall include the following information:— (1) the name, address and telephone number of the parent, legal guardian or legal custodian; (2) the name, address and telephone number of the caregiver; (3) the name and date of birth of t…

Section 6. The caregiver authorization affidavit shall be substantially in the following form, except that the use of alternative language consistent with the statute shall not be precluded: Caregiver Education and Health Care Authorization Affidavit I. What this form enables: A …

Section 1. If the personal property of a deceased person is insufficient to pay his debts, legacies and charges of administration, his executor or administrator shall, for the purpose of paying such debts, legacies or charges of administration, sell his real estate in the manner …

Section 10. No license to sell real estate shall be granted to an executor or administrator until notice of the petition and of the time and place appointed for hearing the same has been given by serving such notice personally on all persons interested in the estate at least four…

Section 11. No license to sell real estate shall be granted to a guardian or conservator until such notice as the court orders has been given to the next of kin of the ward, to all his heirs apparent or presumptive, and to all persons interested in the estate.

Section 12. No license to sell real estate shall be granted to the guardian of a spendthrift who resides in the commonwealth unless seven days notice of the petition therefor has been given to the department of transitional assistance. Such notice may be served upon any member of…