Massachusetts General Laws
Article V - Protection of Persons Under Disability and Their Property
Section 5-401 - Management of Estate

Section 5–401. [Management of Estate.]
(a) Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a limited or unlimited conservator or make any other protective order for cause as provided in this section.
(b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money, real property or personal property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for support and education and that protection is necessary or desirable to obtain or provide money.
(c) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person who is disabled for reasons other than minority if the court determines that:
(1) the person is unable to manage property and business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate technological assistance, or because the individual is detained or otherwise unable to return to the United States; and
(2) the person has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, and welfare of the person or those entitled to the person's support and that protection is necessary or desirable to obtain or provide money.

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