Massachusetts General Laws ch. 190B sec. 5-305 – Who may be guardian; parties
Section 5–305. [Who May Be Guardian; Priorities.]
Terms Used In Massachusetts General Laws ch. 190B sec. 5-305
- 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.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(a) Any qualified person may be appointed guardian of an incapacitated person.
(b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination in a durable power of attorney.
(c) Except as provided in subsection (b), the following, if suitable, are entitled to consideration for appointment in the order listed:
(1) the spouse of the incapacitated person or a person nominated pursuant to subsection (b) of section 5–301;
(2) a parent of the incapacitated person, or a person nominated pursuant to section 5–301; and
(3) any person the court deems appropriate.
(d) With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the incapacitated person, may pass over a person having priority and appoint a person having a lower priority or no priority.