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  • PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
  • TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
  • CHAPTER 190B MASSACHUSETTS UNIFORM PROBATE CODE
  • ARTICLE V PROTECTION OF PERSONS UNDER DISABILITY
    AND THEIR PROPERTY
  • Section 5-101 Definitions and inclusions

Section 5-101. [Definitions and Inclusions.]

As used in parts 1 to 4, inclusive, of this article:

(1) “Claims”, in respect to a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after the appointment of a conservator, including expenses of administration.

(2) “Conservator”, a person who is appointed by a court to manage the estate of a protected person and includes a limited conservator, temporary conservator and special conservator.

(3) “Court”, the probate and family court department of the trial court and includes the district court and juvenile court departments of the trial court in proceedings relating to the appointment of guardians of minors when the subject of the proceeding is a minor and there is proceeding before such district or juvenile court.

(4) “Disability”, cause for a protective order as described in section 5-401.

(5) “Estate”, includes the property of the person whose affairs are subject to this article.

(6) “Guardian”, a person who has qualified as a guardian of a minor or incapacitated person pursuant to court appointment and includes a limited guardian, special guardian and temporary guardian, but excludes one who is merely a guardian ad litem.

(7) “Guardian ad litem”, a person or organization appointed under sections 1-404 and 5-106 of this code.

(8) “Health care proxy”, a health care proxy executed pursuant to chapter 201D, a durable power of attorney for health care executed prior to the enactment of chapter 201D and similar instruments for appointment of health care agents executed in accordance with the laws of other jurisdictions.

(9) “Incapacitated person”, an individual who for reasons other than advanced age or minority, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.

(10) “Lease”, includes an oil, gas, or other mineral lease.

(11) “Letters”, includes certificate of guardianship and certificate of conservatorship.

(12) “Mentally retarded person”, an individual who has a substantial limitation in present functioning beginning before age 18, manifested by significantly subaverage intellectual functioning existing concurrently with related limitations in 2 or more of the following applicable adaptive skills areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functioning academics, leisure, and work.

(13) “Minor”, a person who is under 18 years of age.

(14) “Mortgage”, any conveyance, agreement, or arrangement in which property is used as collateral.

[Paragraph (15) applicable as provided by 2012, 140, Sec. 66.]

(15) “Nursing facility”, an institution or a distinct part of an institution which is primarily engaged in providing to residents: (i) skilled nursing care and related services for residents who require medical or nursing care; (ii) rehabilitation services for the rehabilitation of injured, disabled or sick persons; or (iii) on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services, above the level of room and board, which can be made available to that individual only through institutional facilities that are not primarily a mental health facility or developmentally disabled facility; provided however, that the term nursing facility shall not apply with regard to the placement or transfer of a patient to a facility that is (i) licensed by the department of public health, under section 51 of chapter 111, as a long term acute care hospital or inpatient rehabilitation facility; (ii) licensed by the department of public health, under section 71 of chapter 111, as a rest home; or (iii) licensed or certified as an assisted living residence by the executive office of elder affairs under 651 CMR 12.00 et seq.

(16) “Organization”, includes a corporation, business trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest, government, governmental subdivision or agency, or any other legal entity.

(17) “Parent”, a natural or adoptive parent other than a parent whose parental rights have been terminated or a parent who has signed a voluntary surrender.

(18) “Person”, an individual or an organization.

(19) “Petition”, a written request to the court for an order after notice.

(20) “Proceeding”, includes action at law and suit in equity.

(21) “Property”, includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(22) “Protected person”, a minor or other person for whom a conservator has been appointed or other protective order has been made as provided in sections 5-407 and 5-408.

(23) “Protective proceeding”, a proceeding under the provisions of part 4 of this article.

[Paragraph (231/2) applicable as provided by 2012, 140, Sec. 66.]

(231/2) “Respondent”, an individual for whom the appointment of a guardian or conservator or other protective order is sought.

(24) “Security”, includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.

(25) “Ward”, a person for whom a guardian has been appointed solely because of minority.