Section 5–429. [Removal or Resignation of Conservator; Termination of Disability; Termination of Proceedings.]
(a) On petition of the protected person or any person interested in the protected person's welfare, the court, after notice and hearing, may remove a conservator if the person under conservatorship is no longer disabled or for other good cause. On petition of the conservator, the court, after hearing, may accept a resignation.
(b) An order adjudicating disability may specify a minimum period, not exceeding 6 months, during which a petition for an adjudication that the protected person is no longer disabled may not be filed without special leave. Subject to that restriction, the protected person or any person interested in the welfare of the protected person may petition for an order that the person is no longer disabled and for termination of the conservatorship. A request for an order may also be made informally to the court and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.
(c) Upon removal, resignation, or death of the conservator, or if the conservator is determined to be incapacitated or disabled, the court may appoint a successor conservator and make any other appropriate order. Before appointing a successor conservator, or ordering that a person's disability has terminated, the court shall follow the same procedures to safeguard the rights of the protected person that apply to a petition for appointment of a conservator.
(d) A conservatorship terminates upon the death of the protected person or upon order of the court.
(e) Upon the death of a protected person, the conservator shall conclude the administration of the estate by distribution to the person's successors. The conservator shall file a final accounting and petition for discharge within 30 days after distribution.
(f) Unless created for reasons other than minority, a conservatorship created for a minor terminates when the protected person attains majority or is emancipated.
(g) On petition of a protected person, a conservator, or another person interested in a protected person's welfare, the court may terminate the conservatorship if the protected person no longer needs the assistance or protection of a conservator. Termination of the conservatorship shall not affect a conservator's liability for previous acts or the obligation to account for funds and assets of the protected person.
(h) Upon termination of a conservatorship and whether or not formally distributed by the conservator, title to assets of the estate passes to the formerly protected person or the person's successors. The order of termination shall provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer of title or confirm a distribution previously made and to file a final accounting and a petition for discharge upon approval of the final accounting.
(i) The court shall enter a final order of discharge upon the approval of the final accounting and satisfaction by the conservator of any other conditions placed by the court on the conservator's discharge.
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