Section 5–310. [Termination of Guardianship for Incapacitated Person.]

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Terms Used In Massachusetts General Laws ch. 190B sec. 5-310

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Probate: Proving a will

The authority and responsibility of a guardian of an incapacitated person terminates upon the death of the guardian or incapacitated person, the determination of incapacity of the guardian, the determination that the person is no longer incapacitated, or upon removal or resignation as provided in section 5–311. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination shall not affect a guardian’s liability for prior acts or the obligation to report or account for funds and assets of the incapacitated person.