Mass. Gen. Laws ch. 190B, § 5-101 Definitions and Inclusions

• Library: General Laws of Massachusetts
• Edition: 2023
• Currency: Current through Chapter 87 of the 2023 Legislative Session
• Year: 2023
• Citation: Mass. Gen. Laws ch. 190B, § 5-101

As used in parts 1 to 4, inclusive, of this article:

(1) "Claims", in respect to a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after the appointment of a conservator, including expenses of administration.

(2) "Conservator", a person who is appointed by a court to manage the estate of a protected person and includes a limited conservator, temporary conservator and special conservator.

(3) "Court", the probate and family court department of the trial court and includes the district court and juvenile court departments of the trial court in proceedings relating to the appointment of guardians of minors when the subject of the proceeding is a minor and there is proceeding before such district or juvenile court.

(4) "Disability", cause for a protective order as described in section 5-401.

(5) "Estate", includes the property of the person whose affairs are subject to this article.

(6) "Guardian", a person who has qualified as a guardian of a minor or incapacitated person pursuant to court appointment and includes a limited guardian, special guardian and temporary guardian, but excludes one who is merely a guardian ad litem.

(7) "Guardian ad litem", a person or organization appointed under sections 1-404 and 5-106 of this code.

(8) "Health care proxy", a health care proxy executed pursuant to chapter 201D, a durable power of attorney for health care executed prior to the enactment of chapter 201D and similar instruments for appointment of health care agents executed in accordance with the laws of other jurisdictions.

(9) "Incapacitated person", an individual who for reasons other than advanced age or minority, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.

(10) "Lease", includes an oil, gas, or other mineral lease.

(11) "Letters", includes certificate of guardianship and certificate of conservatorship.

(12) "Mentally retarded person", an individual who has a substantial limitation in present functioning beginning before age 18, manifested by significantly subaverage intellectual functioning existing concurrently with related limitations in 2 or more of the following applicable adaptive skills areas: communication, self-care, home living, social skills, community use, self-direction, health and safety, functioning academics, leisure, and work.