Massachusetts General Laws ch. 190B sec. 5-212 – Resignation, removal, and other post-appointment proceedings
Section 5–212. [Resignation, Removal, and Other Post-appointment Proceedings.]
Terms Used In Massachusetts General Laws ch. 190B sec. 5-212
- 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.
(a) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.
(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian shall be given to the ward, the guardian, the parents of the ward, provided that the parental rights have not been terminated or a voluntary surrender has not been signed, and any other person as ordered by the court.
(c) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate, including appointment of a successor guardian.
(d) For proceedings pursuant to a petition to remove a guardian of a minor child, the guardian shall have the right to counsel if the court determines that the guardian has been the primary caretaker for the child for not less than 2 years or for an otherwise significant period of time during the child’s lifetime; provided, however, that this period of time may include caretaking provided during or prior to the guardianship. The court shall inform a guardian of the right to counsel pursuant to this subsection and shall appoint counsel if the guardian satisfies the requirements for indigency pursuant to section 2A of chapter 211D.