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November 09, 2024 Clouds | 43°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 5-212: Resignation, removal, and other post-appointment proceedings

Section 5–212. [Resignation, Removal, and Other Post-appointment Proceedings.]

(a) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.

(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian shall be given to the ward, the guardian, the parents of the ward, provided that the parental rights have not been terminated or a voluntary surrender has not been signed, and any other person as ordered by the court.

(c) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate, including appointment of a successor guardian.

(d) For proceedings pursuant to a petition to remove a guardian of a minor child, the guardian shall have the right to counsel if the court determines that the guardian has been the primary caretaker for the child for not less than 2 years or for an otherwise significant period of time during the child's lifetime; provided, however, that this period of time may include caretaking provided during or prior to the guardianship. The court shall inform a guardian of the right to counsel pursuant to this subsection and shall appoint counsel if the guardian satisfies the requirements for indigency pursuant to section 2A of chapter 211D.