SENATE DOCKET, NO. 2177        FILED ON: 4/27/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2066

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael D. Brady

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act further regulating the appointment of certain guardians.

_______________

PETITION OF:

 

Name:

District/Address:

Michael D. Brady

Second Plymouth and Bristol


SENATE DOCKET, NO. 2177        FILED ON: 4/27/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2066

By Mr. Brady, a petition (accompanied by bill, Senate, No. 2066) (subject to Joint Rule 12) of Michael D. Brady for legislation to further regulate the appointment of certain guardians.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act further regulating the appointment of certain guardians.

 

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 5-305 of chapter 190B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsections (c) and (d) and inserting in place thereof the following subsection:-

(c) Except as provided in subsection (b), the following, if suitable, are entitled to the presumption that they are the proper person for appointment as guardian of an incapacitated person by the court in the order listed; provided, however, that such presumption may be rebutted by the introduction of competent evidence:

(1) the spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested to by at least 2 witnesses;

(2) the parent or parents of the incapacitated person, or a person nominated pursuant to section 5-301; and

(3) any person the court deems appropriate.

A spouse, parent or parents wishing to designate a third party to serve as guardian of such person may freely elect to do so without prejudice. In such instances, the party so designated shall be presumed to the proper person to be appointed by the court.  Such presumption may be rebutted by the introduction of competent evidence.