Massachusetts General Laws
Article V - Protection of Persons Under Disability and Their Property
Section 5-409 - Who May Be Appointed Conservator; Penalties

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.

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