Mass. Gen. Laws ch. 190B, § 5-407 Findings; Order of Appointment; Permissible Court Orders

• 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, § 5-407

(a) The court shall exercise the authority conferred in this Part to encourage the development of maximum self-reliance and independence of a protected person and make protective orders only to the extent necessitated by the protected person's limitations and other conditions warranting the procedure.

(b) Upon hearing, the court may appoint a conservator as requested if it finds that:

(1) a qualified person seeks appointment;

(2) venue is proper;

(3) the required notices have been given;

(4) any required medical certificate is dated and the examination has taken place within 30 days prior to the hearing;

(5) any required clinical team report is dated and the examinations have taken place within 180 days prior to the filing of the petition;

(6) the person for whom a conservator is sought is a disabled person;

(7) the appointment is necessary or desirable as a means of providing continuing care and supervision of the property and business affairs of the person to be protected; and

(8) the person's needs cannot be met by less restrictive means, including the use of appropriate technological assistance.

The court, on appropriate findings, may enter any appropriate order or dismiss the proceedings.

(c) After full hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court, after making appropriate findings of fact, has all those powers over the property and business affairs of the minor which are or may be necessary for the best interest of the minor and members of the minor's immediate family. Those powers include, but are not limited to, the power to create revocable trusts of the property of the estate which may extend beyond the minority of the minor, provided that:

(1) the court determines that it is in the best interest of the minor to extend the management and protection of the minor's money and property beyond the minor attaining the age of 18;

(2) the minor and issue of the minor are the only beneficiaries of the trust during the minor's lifetime;

(3) upon the termination of the trust during the minor's lifetime, the trust property will be distributed only to the minor;

(4) the ward, upon attaining the age of 18 shall have the inter vivos and testamentary power to appoint to or among such person or persons and in such proportions and upon such terms, whether outright or in trust or otherwise, all or any part of the property of the trust as the minor may determine;