2009 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 190B MASSACHUSETTS UNIFORM PROBATE CODE
ARTICLE V PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Section 5-409 Who may be appointed conservator; penalties

[Text of section added by 2008, 521, Sec. 9 effective July 1, 2009. See 2008, 521, Sec. 44.]

Section 5-409. [Who May Be Appointed Conservator; Priorities.]

(a) Subject to subsection (c), the court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:

(1) Unless lack of qualification or other good cause dictates the contrary, a person nominated in the protected person’s most recent durable power of attorney;

(2) a conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;

(3) an individual or corporation nominated by the protected person 14 or more years of age and of sufficient mental capacity to make an intelligent choice;

(4) an agent appointed by the protected person under a durable power of attorney;

(5) a parent of the protected person, or any parental nominee; and

(6) any person deemed appropriate by the court.

(b) The court, acting in the best interest of the protected person, may pass over a person having priority and appoint a person having a lower priority or no priority.

(c) An owner, operator, or employee of a long-term care institution at which the protected person is receiving care or a paid caretaker may not be appointed as conservator unless related to the protected person by blood, marriage, or adoption.