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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 5-429 Removal or resignation of conservator; termination of disability; termination of proceedings

Section 5-429. [Removal or Resignation of Conservator; Termination of Disability; Termination of Proceedings.]

(a) On petition of the protected person or any person interested in the protected person’s welfare, the court, after notice and hearing, may remove a conservator if the person under conservatorship is no longer disabled or for other good cause. On petition of the conservator, the court, after hearing, may accept a resignation.

[Subsection (b) applicable as provided by 2012, 140, Sec. 66.]

(b) An order adjudicating disability may specify a minimum period, not exceeding 6 months, during which a petition for an adjudication that the protected person is no longer disabled may not be filed without special leave. Subject to that restriction, the protected person or any person interested in the welfare of the protected person may petition for an order that the person is no longer disabled and for termination of the conservatorship. A request for an order may also be made informally to the court and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.

(c) Upon removal, resignation, or death of the conservator, or if the conservator is determined to be incapacitated or disabled, the court may appoint a successor conservator and make any other appropriate order. Before appointing a successor conservator, or ordering that a person’s disability has terminated, the court shall follow the same procedures to safeguard the rights of the protected person that apply to a petition for appointment of a conservator.

(d) A conservatorship terminates upon the death of the protected person or upon order of the court.

(e) Upon the death of a protected person, the conservator shall conclude the administration of the estate by distribution to the person’s successors. The conservator shall file a final accounting and petition for discharge within 30 days after distribution.

(f) Unless created for reasons other than minority, a conservatorship created for a minor terminates when the protected person attains majority or is emancipated.

(g) On petition of a protected person, a conservator, or another person interested in a protected person’s welfare, the court may terminate the conservatorship if the protected person no longer needs the assistance or protection of a conservator. Termination of the conservatorship shall not affect a conservator’s liability for previous acts or the obligation to account for funds and assets of the protected person.

(h) Upon termination of a conservatorship and whether or not formally distributed by the conservator, title to assets of the estate passes to the formerly protected person or the person’s successors. The order of termination shall provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer of title or confirm a distribution previously made and to file a final accounting and a petition for discharge upon approval of the final accounting.

(i) The court shall enter a final order of discharge upon the approval of the final accounting and satisfaction by the conservator of any other conditions placed by the court on the conservator’s discharge.