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March 03, 2024 Mist | 46°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 5-305: Who may be guardian; parties

Section 5–305. [Who May Be Guardian; Priorities.]

(a) Any qualified person may be appointed guardian of an incapacitated person.

(b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person's most recent nomination in a durable power of attorney.

(c) Except as provided in subsection (b), the following, if suitable, are entitled to consideration for appointment in the order listed:

(1) the spouse of the incapacitated person or a person nominated pursuant to subsection (b) of section 5–301;

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

(3) any person the court deems appropriate.

(d) With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the incapacitated person, may pass over a person having priority and appoint a person having a lower priority or no priority.