Print Print
  • 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 5-306 Findings; order of appointment

Section 5-306. [Findings; Order of Appointment.]

(a) The court shall exercise the authority conferred in this part so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person’s limitations or other conditions warranting the procedure.

(b) Upon hearing, the court may appoint a guardian as requested if it finds that:

(1) a qualified person seeks appointment;

(2) venue is proper;

(3) the required notices have been given;

(4) any required medical certificate is dated and the examination has taken place within 30 days prior to the hearing;

(5) any required clinical team report is dated and the examinations have taken place within 180 days prior to the filing of the petition;

(6) the person for whom a guardian is sought is an incapacitated person;

(7) the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person; and

(8) the person’s needs cannot be met by less restrictive means, including use of appropriate technological assistance.

The court, on appropriate findings, may enter any appropriate order, or dismiss the proceedings.

(c) The court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the incapacitated person or other interested person, may limit the powers of a guardian otherwise conferred by parts 1 to 4, inclusive, of this article and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of an incapacitated person shall be endorsed on the guardian’s letters. Following the same procedure, a limitation may be removed or modified and appropriate letters issued.