Massachusetts General Laws
Article V - Protection of Persons Under Disability and Their Property
Section 5-304 - Notice in Guardianship or Conservatorship Proceeding

Section 5–304. [Notice in Guardianship or Conservatorship Proceeding.]
(a) In a proceeding for the appointment of a guardian or conservator or for protective order, notice shall be given by the petitioner to:
(1) the person alleged to be incapacitated or the person to be protected, if 14 or more years of age, and the person's spouse and children, or, if none, parents, brothers and sisters, or, if none, heirs apparent or presumptive;
(2) any person who is serving as guardian, conservator, or who has the care or custody of the person or with whom the person has resided during the 60 days (exclusive of any period of hospitalization or institutionalization) preceding the filing of the petition;
(3) in case no other person is notified under paragraph (1), at least one of the nearest adult relatives, if any can be found;
(4) all other persons named in the petition;
(5) if the person is alleged to be mentally retarded, to the department of developmental services;
(6) the United States veteran's administration or its successor, if the person is entitled to any benefit, estate or income paid or payable by or through said administration or its successor; and
(7) any other person as directed by the court.
(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian or conservator shall be given to the incapacitated person, person to be protected, the guardian, the conservator and any other person as ordered by the court.
(c) Notice shall be served personally on the person alleged to be incapacitated or the person to be protected. In all other cases, required notices shall be given as provided in section 1–401.
(d) A person alleged to be incapacitated or person to be protected may not waive notice.

Structure Massachusetts General Laws

Massachusetts General Laws

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 4-401 - Effect of Adjudication for or Against Personal Representative

Section 5-101 - Definitions and Inclusions

Section 5-102 - Facility of Payment or Delivery

Section 5-103 - Delegation of Powers by Parent or Guardian

Section 5-105 - Venue

Section 5-106 - Appointment of Counsel; Guardian Ad Litem

Section 5-107 - Protection of Minors

Section 5-201 - Appointment and Status of Guardian of Minor

Section 5-202 - Parental or Guardian Appointment of Guardian for Minor

Section 5-203 - Objection by Minor Fourteen or Older to Parental Appointment

Section 5-204 - Court Appointment of Guardian of Minor; Conditions for Appointment; Temporary Guardian

Section 5-206 - Procedure for Court Appointment of Guardian of Minor

Section 5-207 - Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee

Section 5-208 - Bond; Consent to Service by Acceptance of Appointment; Notice

Section 5-209 - Powers, Duties, Rights and Immunities of Guardian of Minor; Limitations

Section 5-210 - Termination of Appointment of Guardian; General

Section 5-212 - Resignation, Removal, and Other Post-Appointment Proceedings

Section 5-301 - Nomination of Guardian for Incapacitated Person by Will or Other Writing

Section 5-303 - Procedure for Court Appointment of a Guardian of an Incapacitated Person

Section 5-304 - Notice in Guardianship or Conservatorship Proceeding

Section 5-305 - Who May Be Guardian; Parties

Section 5-306 - Findings; Order of Appointment

Section 5-307 - Bond; Acceptance of Appointment; Consent to Jurisdiction

Section 5-308 - Emergency Orders; Temporary Guardians

Section 5-309 - Powers, Duties, Rights and Immunities of Guardians, Limitations

Section 5-310 - Termination of Guardianship for Incapacitated Person

Section 5-311 - Removal or Resignation of Guardian; Termination of Incapacity

Section 5-313 - Religious Freedom of Incapacitated Person

Section 5-401 - Management of Estate

Section 5-402 - Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons

Section 5-404 - Original Petition for Appointment or Protective Order

Section 5-405 - Notice

Section 5-407 - Findings; Order of Appointment; Permissible Court Orders

Section 5-408 - Protective Arrangements and Single Transactions Authorized

Section 5-409 - Who May Be Appointed Conservator; Penalties

Section 5-410 - Bond

Section 5-411 - Terms and Requirements of Bonds

Section 5-412 - Acceptance of Appointment; Consent to Jurisdiction

Section 5-413 - Compensation and Expenses

Section 5-415 - Petitions for Orders Subsequent to Appointment

Section 5-416 - General Duty of Conservator; Plan

Section 5-417 - Inventory and Records

Section 5-418 - Accounts

Section 5-419 - Conservators; Title by Appointment

Section 5-420 - Recording of Conservator's Letters

Section 5-421 - Sale, Encumbrance, or Transaction Involving Conflict of Interest Voidable; Exceptions

Section 5-422 - Persons Dealing With Conservators; Protection

Section 5-423 - Powers of Conservator in Administration

Section 5-424 - Distributive Duties and Powers of Conservator

Section 5-425 - Enlargement or Limitation of Powers of Conservator

Section 5-426 - Preservation of Estate Plan; Right to Examine

Section 5-427 - Claims Against Protected Person

Section 5-428 - Personal Liability of Conservator

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

Section 5-430 - Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings

Section 5-431 - Foreign Conservator; Proof of Authority; Bond; Powers

Section 5-501 - Definition

Section 5-502 - Durable Power of Attorney Not Affected by Lapse of Time, Disability or Incapacity

Section 5-503 - Relation of Attorney in Fact to Court-Appointed Fiduciary

Section 5-504 - Power of Attorney Not Revoked Until Notice

Section 5-505 - Proof of Continuance of Durable and Other Powers of Attorney by Affidavit

Section 5-506 - Enforcement

Section 5-507 - Protection; Third Parties

Section 5-306a - Substituted Judgment

Section 5-412a - Emergency Orders; Temporary Conservators

Section 5-423a - Delegation