Massachusetts General Laws
Article V - Protection of Persons Under Disability and Their Property
Section 5-408 - Protective Arrangements and Single Transactions Authorized

Section 5–408. [Protective Arrangements and Single Transactions Authorized.]
(a) Upon petition, after notice as provided in section 5–405 and hearing, and if a basis exists as described in section 5–401 for affecting the property and business affairs of a person, the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person. Protective arrangements include payment, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of tangible or intangible personal property; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or addition to or establishment of a suitable trust including a trust created under the uniform custodial trust act.
(b) Upon petition, after notice as provided in section 5–405 and hearing, and if a basis exists as described in section 5–401 for affecting the property and business affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person's property and business affairs, including settlement of a claim, if the court determines that the transaction is in the best interest of the protected person.
(c) Before approving a protective arrangement or other transaction under this section, the court shall consider the factors listed in section 5–407(e). The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.

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