2010 Massachusetts Code
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 201 GUARDIANS AND CONSERVATORS
Section 2 Guardians of minors; appointment

[Text of section effective until July 1, 2009. Repealed by 2008, 521, Sec. 21. See 2008, 521, Sec. 44.]

Section 2. If a minor is under fourteen the probate court may nominate and appoint his guardian. If a bond is required for an appointment under the provisions of this section, a parent of a minor child may file a bond, without sureties, relative to his appointment as guardian of said child. If he is above that age he may nominate his own guardian, who, if approved by the court, shall be appointed accordingly. Such nomination may be made before a justice of the peace, notary public or city or town clerk within the commonwealth who shall certify the fact to the probate court. Upon the filing of a petition for the appointment of a guardian under this section, the court shall appoint a time and place for a hearing, and shall cause not less than seven days’ notice thereof to be given to the mother and father of said minor, if living, unless they have assented to the filing of said petition; otherwise notice shall be given to the nearest relatives of full age, and if there are no known relatives within the commonwealth notice shall be given by publication as directed by the court. If the person nominated is not approved by the court, or if the minor resides out of the commonwealth, or if the minor after being cited neglects to nominate a suitable person, the court may nominate and appoint his guardian in the same manner as if he were under fourteen. If the minor is a married woman no guardian shall be appointed without such notice to her husband as the court may order. In the matter of said appointment and all subsequent proceedings relating thereto, the United States veterans’ bureau or its successor shall be deemed to be a party in interest and shall receive such notice as the court may order, if the ward or proposed ward is entitled to any benefit, estate or income paid or payable by or through said bureau or its successor. If the minor is or was a recipient of any type of public assistance, the court shall notify the IV-D agency, as set forth in chapter 119A, of all proceedings relating to the appointment of a guardian for the minor and the IV-D agency shall be permitted to intervene in such proceedings on behalf of the department of transitional assistance, the department of children and families, the division of medical assistance, or any other public assistance program of the commonwealth.