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The 192nd General Court of the Commonwealth of Massachusetts

Section 5A-302: Accepting guardianship or conservatorship transferred from another state

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 commonwealth to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.

(b) Notice of a petition under subsection (a) shall be given to those persons entitled to notice if the petition was a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and the commonwealth. The notice shall be given in the same manner as notice is required to be given in the commonwealth.

(c) On the court's own motion or at the request of the guardian or conservator, the incapacitated or protected person or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless:

(1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or

(2) the guardian or conservator is ineligible for appointment in the commonwealth.

(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in the commonwealth upon the court's receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 5A–301 transferring the proceeding to the commonwealth.

(f) Not later than 90 days after the issuance of a final order accepting the transfer of a guardianship or conservatorship, unless otherwise ordered, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of the commonwealth.

(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.

(h) The denial by a court of the commonwealth of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in the commonwealth under Parts 3 and 4 of Article V.