Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 38 of chapter 201 of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The probate court, upon petition of a conservator or guardian, other than the guardian of a minor, and after such notice to all other persons interested as it directs, may authorize such conservator or guardian to exercise any or all powers over the estate and business affairs of the ward which the ward could exercise if present and not under disability. The court may authorize the taking of such action, or the application of such funds as are not required for the ward's own maintenance and support, in such fashion as the court shall approve as being in keeping with the ward's wishes so far as they can be ascertained. In ascertaining and carrying out the ward's wishes the court may consider, but shall not be limited to, minimization of state or federal income, estate or inheritance taxes, and provisions of gifts to such charities, relatives and friends as would be likely recipients of donations from the ward. The ward's wishes as best they can be ascertained are to be carried out, whether or not tax savings are involved.

SECTION 2. Said section 38 of said chapter 201, as so appearing, is hereby further amended by inserting after the word "life", in line 29, the following words:- amendment of any such trust which is revocable or amendable.

SECTION 3. Said section 38 of said chapter 201, as so appearing, is hereby further amended by striking out, in line 39, the word "expected", the second time it appears, and inserting in place thereof the following words:- , if any, expected.