reglab/housing_qa huggingface dataset:
MA Gen L ch V § 5-212 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-212 - Resignation, Removal, and Other Post-Appointment Proceedings

Section 5–212. [Resignation, Removal, and Other Post-appointment Proceedings.]  (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.
MA Gen L ch V § 5-313 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-313 - Religious Freedom of Incapacitated Person

Section 5–313. [Religious Freedom of Incapacitated Person.]  It shall be the duty of all guardians appointed under this Article to protect and preserve the incapacitated person's right of freedom of religion and religious practice.
MA Gen L ch V § 5-311 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-311 - Removal or Resignation of Guardian; Termination of Incapacity

Section 5–311. [Removal or Resignation of Guardian; Termination of Incapacity.]  (a) On petition of the incapacitated person or any person interested in the incapacitated person's welfare, the court, after notice and hearing, may remove a guardian if the person under guardianship is no longer incapacitated or for other good cause. On petition of the guardian, the court, after hearing, may accept a resignation.  (b) The incapacitated person or any person interested in the welfare of the incapacitated person may petition for an order that the person is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court.  (c) Upon removal, resignation, or death of the guardian, or if the guardian is determined to be incapacitated or disabled, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian, or ordering that a person's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the incapacitated person that apply to a petition for appointment of a guardian.
MA Gen L ch V § 5-310 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-310 - Termination of Guardianship for Incapacitated Person

Section 5–310. [Termination of Guardianship for Incapacitated Person.]  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.
MA Gen L ch V § 5-401 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-401 - Management of Estate

Section 5–401. [Management of Estate.]  (a) Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a limited or unlimited conservator or make any other protective order for cause as provided in this section.  (b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money, real property or personal property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for support and education and that protection is necessary or desirable to obtain or provide money.  (c) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person who is disabled for reasons other than minority if the court determines that:  (1) the person is unable to manage property and business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate technological assistance, or because the individual is detained or otherwise unable to return to the United States; and  (2) the person has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, and welfare of the person or those entitled to the person's support and that protection is necessary or desirable to obtain or provide money.
MA Gen L ch V § 5-306 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-306 - Findings; Order of Appointment

Section 5–306. [Findings; Order of Appointment.]  (a) The court shall exercise the authority conferred in this part so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's limitations or other conditions warranting the procedure.  (b) Upon hearing, the court may appoint a guardian 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 guardian is sought is an incapacitated person;  (7) the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person; and  (8) the person's needs cannot be met by less restrictive means, including use of appropriate technological assistance.  The court, on appropriate findings, may enter any appropriate order, or dismiss the proceedings.  (c) The court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the incapacitated person or other interested person, may limit the powers of a guardian otherwise conferred by parts 1 to 4, inclusive, of this article and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of an incapacitated person shall be endorsed on the guardian's letters. Following the same procedure, a limitation may be removed or modified and appropriate letters issued.
MA Gen L ch V § 5-304 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-304 - Notice in Guardianship or Conservatorship Proceeding

Section 5–304. [Notice in Guardianship or Conservatorship Proceeding.]  (a) In a proceeding for the appointment of a guardian or conservator or for protective order, notice shall be given by the petitioner to:  (1) the person alleged to be incapacitated or the person to be protected, if 14 or more years of age, and the person's spouse and children, or, if none, parents, brothers and sisters, or, if none, heirs apparent or presumptive;  (2) any person who is serving as guardian, conservator, or who has the care or custody of the person or with whom the person has resided during the 60 days (exclusive of any period of hospitalization or institutionalization) preceding the filing of the petition;  (3) in case no other person is notified under paragraph (1), at least one of the nearest adult relatives, if any can be found;  (4) all other persons named in the petition;  (5) if the person is alleged to be mentally retarded, to the department of developmental services;  (6) the United States veteran's administration or its successor, if the person is entitled to any benefit, estate or income paid or payable by or through said administration or its successor; and  (7) any other person as directed by the court.  (b) Notice of hearing on a petition for an order subsequent to appointment of a guardian or conservator shall be given to the incapacitated person, person to be protected, the guardian, the conservator and any other person as ordered by the court.  (c) Notice shall be served personally on the person alleged to be incapacitated or the person to be protected. In all other cases, required notices shall be given as provided in section 1–401.  (d) A person alleged to be incapacitated or person to be protected may not waive notice.
MA Gen L ch V § 5-307 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article V - Protection of Persons Under Disability and Their Property|Section 5-307 - Bond; Acceptance of Appointment; Consent to Jurisdiction

Section 5–307. [Bond; Acceptance of Appointment; Consent to Jurisdiction.]  (a) Prior to receiving letters, a guardian shall accept appointment by filing a bond conditioned upon faithful discharge of all duties of the trust according to law and containing a statement of acceptance of the duties of the office. By accepting a parental or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the guardian at the guardian's address listed in the court records and to the address then known to the petitioner.  (b) A surety shall be required on the bond of a guardian of an incapacitated person unless the court determines that it is in the best interest of the incapacitated person to waive the surety or to require additional sureties. Language in a durable power of attorney or health care proxy waiving the guardian's bond shall be deemed to be a request for waiver of any necessity of sureties on a bond.  (c) The requirements and provisions of section 5–411 apply to guardians appointed under this part.
MA Gen L ch VI § 6-301 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article VI - Nonprobate Transfers on Death|Section 6-301 - Definitions

Section 6–301. [Definitions.]  In this part:  (1) ''Beneficiary form'', a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.  (2) ''Register'', including its derivatives, is to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.  (3) ''Registering entity'', a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.  (4) ''Security'', has the same meaning as provided in clause (k) of section 401 of chapter 110A and includes a security account.  (5) ''Security account'', (i) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death, or (ii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
MA Gen L ch VI § 6-302 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article VI - Nonprobate Transfers on Death|Section 6-302 - Registration in Beneficiary Form; Sole or Joint Tenancy Ownership

Section 6–302. [Registration in Beneficiary Form; Sole or Joint Tenancy Ownership.]  Only individuals whose registration of a security shows sole ownership by 1 individual or multiple ownership by 2 or more with rights of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with rights of survivorship, or as tenants by the entireties, and not as tenants in common.
MA Gen L ch VI § 6-303 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article VI - Nonprobate Transfers on Death|Section 6-303 - Registration in Beneficiary Form; Applicable Law

Section 6–303. [Registration in Beneficiary Form; Applicable Law.]  A security may be registered in beneficiary form if the form is authorized by this part or a similar law of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this part or a similar law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this part or similar law is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
MA Gen L ch VI § 6-304 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article VI - Nonprobate Transfers on Death|Section 6-304 - Origination of Registration in Beneficiary Form

Section 6–304. [Origination of Registration in Beneficiary Form.]  A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
MA Gen L ch VI § 6-305 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article VI - Nonprobate Transfers on Death|Section 6-305 - Form of Registration in Beneficiary Form

Section 6–305. [Form of Registration in Beneficiary Form.]  Registration in beneficiary form may be shown by the words ''transfer on death'' or the abbreviation ''TOD'', or by the words ''pay on death'' or the abbreviation ''POD'', after the name of the registered owner and before the name of a beneficiary.
MA Gen L ch VI § 6-308 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article VI - Nonprobate Transfers on Death|Section 6-308 - Protection of Registering Entity

Section 6–308. [Protection of Registering Entity.]  (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.  (b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this part.  (c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with section 6–307 and does so in good faith reliance (i) on the registration, (ii) on this part, and (iii) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this part shall not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity shall affect its right to protection under this part.  (d) The protection provided by this part to the registering entity of a security shall not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
MA Gen L ch VI § 6-307 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article VI - Nonprobate Transfers on Death|Section 6-307 - Ownership on Death of Owner

Section 6–307. [Ownership on Death of Owner.]  On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, and if no anti-lapse statute applies, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
MA Gen L ch VI § 6-309 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts|Chapter 190b - Massachusetts Uniform Probate Code|Article VI - Nonprobate Transfers on Death|Section 6-309 - Nontestamentary Transfer on Death

Section 6–309. [Nontestamentary Transfer on Death.]  (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary.  (b) This part shall not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of the commonwealth.