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 2G Appointment of emergency proxy

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 Repealed by 2008, 521, Sec. 21.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

Section 2G. A parent or parents, may appoint, in writing, without court approval, an adult person or persons to serve as short-term emergency guardianship proxy or proxies hereinafter referred to as emergency proxy of a minor, whether or not such minor is born at the time of appointment. The written instrument appointing the emergency proxy shall be dated and shall identify the appointing parent or parents, the minor and the person or persons appointed to be the emergency proxy. The written instrument shall be signed by, or at the direction of, the appointing parent or parents, in the presence of at least two witnesses at least eighteen years of age, neither of whom is the person or persons to be appointed as the emergency proxy. The emergency proxy shall also sign the written instrument, but need not sign at the same time as the appointing parent or parents.

A parent shall not appoint an emergency proxy of a minor, if the minor has another living parent whose parental rights have not been terminated, whose whereabouts are known and who is willing and able to make and carry out day-to-day child care decisions concerning the minor, unless the nonappointing parent consents to the appointment by signing the written instrument of appointment. The appointment of the emergency proxy shall be effective immediately upon the date the written instrument is executed, unless the written instrument provides for the appointment to become effective upon a later specified date or event. The emergency proxy shall have authority to act as guardian of the minor for a period of sixty days from the date the appointment becomes effective, unless the written instrument provides for the appointment to terminate upon an earlier specified date or event. Only one written instrument appointing an emergency proxy may be in force at any given time.

Every appointment of an emergency proxy may be amended or revoked by the appointing parent or parents at any time by promptly notifying all necessary parties of the amendment or revocation. The commencement of an emergency proxy’s authority pursuant to the consent of a parent or parents shall not itself, divest the parent or parents of any parental or guardianship rights, but shall confer upon the emergency proxy concurrent authority with respect to the minor.