Section 5–411. [Terms and Requirements of Bonds.]
(a) The following requirements and provisions apply to any bond required under sections 5–208, 5–305 and 5–307:
(1) Bonds shall name the first judge of the court making the appointment and his successors as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.
(2) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the guardian or conservator and with each other.
(3) By executing an approved bond of a guardian or conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the guardian or conservator and naming the surety as a party respondent. Notice of any proceeding on the bond shall be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.
(4) On petition of a successor guardian or conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the guardian or conservator.
(5) The bond of the guardian or conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(6) If a new bond is required, the sureties on the prior bond shall be liable for all breaches of the conditions thereof committed before the new bond is approved and filed.
(7) In no event shall any surety be liable for any claim or cause of action arising out of or in any way connected with acts or omissions of the guardian or conservator occurring prior to the appointment of such person as guardian or conservator.
(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
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 5-106 - 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 5-206 - 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 5-407 - 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 5-411 - 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 5-419 - Conservators; Title by Appointment
Section 5-420 - Recording of Conservator's Letters
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 5-431 - Foreign Conservator; Proof of Authority; Bond; Powers
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 5-507 - Protection; Third Parties
Section 5-306a - Substituted Judgment