reglab/housing_qa huggingface dataset:
MA Gen L ch V § 5-408 (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 5-408 - Protective Arrangements and Single Transactions Authorized

Section 5–408. [Protective Arrangements and Single Transactions Authorized.]  (a) Upon petition, after notice as provided in section 5–405 and hearing, and if a basis exists as described in section 5–401 for affecting the property and business affairs of a person, the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person. Protective arrangements include payment, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of tangible or intangible personal property; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or addition to or establishment of a suitable trust including a trust created under the uniform custodial trust act.  (b) Upon petition, after notice as provided in section 5–405 and hearing, and if a basis exists as described in section 5–401 for affecting the property and business affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person's property and business affairs, including settlement of a claim, if the court determines that the transaction is in the best interest of the protected person.  (c) Before approving a protective arrangement or other transaction under this section, the court shall consider the factors listed in section 5–407(e). The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
MA Gen L ch V § 5-413 (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 5-413 - Compensation and Expenses

Section 5–413. [Compensation and Expenses.]  If not otherwise compensated for services rendered, any guardian ad litem, attorney, physician, licensed psychologist, clinical team, guardian, special guardian, temporary guardian, conservator, temporary conservator or special conservator appointed in a protective proceeding and any attorney whose services resulted in a protective order or in an order that was beneficial to a protected person's estate is entitled to reasonable compensation from the estate. Compensation may be paid and expenses reimbursed without court order, but, if the court later determines that the compensation is excessive or the expenses are inappropriate, the excessive or inappropriate amount shall be repaid to the estate on such terms as the court may order, including, but not limited to, costs, interest and attorney fees. The court may order that such compensation be paid by any party or parties as it shall determine.
MA Gen L ch V § 5-422 (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 5-422 - Persons Dealing With Conservators; Protection

Section 5–422. [Persons Dealing With Conservators; Protection.]  (a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court order as provided in section 5–407 is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator shall not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators which are endorsed on letters as provided in section 5–425 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.  (b) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitution for protection provided by comparable provisions of the law relating to commercial transactions or to simplifying transfers of securities by fiduciaries.
MA Gen L ch V § 5-423a (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 5-423a - Delegation

Section 5–423A. [Delegation.]  (a) A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the management of investments that a prudent conservator of comparable skills may delegate under similar circumstances.  (b) The conservator shall exercise reasonable care, skill, and caution in:  (1) selecting an agent;  (2) establishing the scope and terms of a delegation, consistent with the purposes and terms of the conservatorship; and  (3) periodically reviewing an agent's actions in order to monitor the agent's performance and compliance with the terms of the delegation.  (c) In performing a delegated function, an agent owes a duty to the estate to exercise reasonable care to comply with the terms of the delegation.  (d) A conservator who complies with subsections (a) and (b) is not liable to the protected person or to the estate for the decisions or actions of the agent to whom a function was delegated.  (e) By accepting a delegation from a conservator subject to the law of the commonwealth, an agent submits to the jurisdiction of the courts of the commonwealth.
MA Gen L ch V § 5-507 (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 5-507 - Protection; Third Parties

Section 5–507. [Protection; Third Parties.]  No third party acting in good faith reliance on a durable power of attorney shall be held liable for action taken in such reliance.
MA Gen L ch V § 5-506 (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 5-506 - Enforcement

Section 5–506. [Enforcement.]  The attorney in fact under a durable power of attorney is authorized to prosecute legal action for damages in behalf of the principal in the event of an unreasonable refusal of a third party to honor the authority of a valid durable power of attorney.
MA Gen L ch V § 5-505 (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 5-505 - Proof of Continuance of Durable and Other Powers of Attorney by Affidavit

Section 5–505. [Proof of Continuance of Durable and Other Powers of Attorney by Affidavit.]  As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death, disability, or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section shall not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.
MA Gen L ch V § 5-504 (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 5-504 - Power of Attorney Not Revoked Until Notice

Section 5–504. [Power of Attorney Not Revoked Until Notice.]  (a) The death of a principal who has executed a written power of attorney, durable or otherwise, shall not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal.  (b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power shall not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his successors in interest.  (c) No revocation by a principal under a written power of attorney, durable or otherwise, shall revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the revocation, acts in good faith under the power or relies in good faith on acts under the power. Any action so taken or relied upon, unless otherwise invalid or unenforceable, binds the principal and successors in interest of the principal. As to a person other than the attorney in fact, such person shall not be deemed to have actual knowledge unless the revocation is in a writing executed by the principal or a duly appointed personal representative of the principal and is actually received by such person or, in the case of transactions involving real estate or any interest therein, is recorded in due course as provided in section 25 of chapter 184.
MA Gen L ch V § 5-503 (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 5-503 - Relation of Attorney in Fact to Court-Appointed Fiduciary

Section 5–503. [Relation of Attorney in Fact to Court-appointed Fiduciary. ]  (a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of his property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if such principal were not disabled or incapacitated.  (b) A principal may nominate, by a durable power of attorney, the conservator, or guardian of the person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. A principal may in a nomination of a conservator or guardian request that sureties on any bond of a conservator or guardian be waived. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.
MA Gen L ch V § 5-502 (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 5-502 - Durable Power of Attorney Not Affected by Lapse of Time, Disability or Incapacity

Section 5–502. [Durable Power of Attorney Not Affected By Lapse of Time, Disability or Incapacity.]  All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.
MA Gen L ch V § 5-501 (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 5-501 - Definition

Section 5–501. [Definition.]  (a) A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words ''This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,'' or ''This power of attorney shall become effective upon the disability or incapacity of the principal,'' or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.  (b) References in this part to the disability or incapacity of the principal shall mean the mental illness or other disability of the principal recognized under the General Laws.
MA Gen L ch V § 5-431 (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 5-431 - Foreign Conservator; Proof of Authority; Bond; Powers

Section 5–431. [Foreign Conservator; Proof of Authority; Bond; Powers.]  (a) If a conservator for a minor has not been appointed in the commonwealth and no petition in a protective proceeding is pending in the commonwealth, a conservator for a minor appointed in the state in which the minor resides may file in a court of the commonwealth in a county in which property belonging to the minor is located, authenticated copies of letters of appointment and of any bond. Thereafter, the domiciliary foreign conservator may exercise as to assets in the commonwealth all powers of a conservator appointed in the commonwealth and may maintain actions and proceedings in the commonwealth subject to any conditions imposed upon non-resident parties generally.  (b) If a minor removes from or resides out of the commonwealth, a guardian or conservator appointed within the commonwealth may transfer and pay over the whole or any part of the personal property of such person to a guardian, conservator, trustee or committee or other official appointed by competent authority in the state or country where such person resides, upon such terms and such manner as the court by which he or she was appointed may, after notice to all parties interested, order upon petition filed therefor.
MA Gen L ch V § 5-430 (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 5-430 - Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings

Section 5–430. [Payment of Debt and Delivery of Property to Foreign Conservator without Local Proceedings.]  (a) Any person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver it to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person upon being presented with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:  (1) that no protective proceeding relating to the protected person is pending in the commonwealth; and  (2) that the foreign fiduciary is entitled to payment or to receive delivery.  (b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in the commonwealth, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
MA Gen L ch V § 5-428 (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 5-428 - Personal Liability of Conservator

Section 5–428. [Personal Liability of Conservator.]  (a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.  (b) The conservator is not personally liable unless the conservator is personally at fault for either (i) obligations arising from ownership or control of property of the estate, or (ii) torts committed in the course of administration of the estate.  (c) Claims based on (i) contracts entered into by a conservator in fiduciary capacity, (ii) obligations arising from ownership or control of the estate, or (iii) torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in fiduciary capacity, whether or not the conservator is personally liable therefor.  (d) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.
MA Gen L ch V § 5-427 (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 5-427 - Claims Against Protected Person

Section 5–427. [Claims Against Protected Person.]  A conservator may pay or secure from the estate claims against the estate or against the protected person arising before or after the conservatorship.
MA Gen L ch V § 5-426 (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 5-426 - Preservation of Estate Plan; Right to Examine

Section 5–426. [Preservation of Estate Plan; Right to Examine.]  In (i) investing the estate, (ii) selecting assets of the estate for distribution under subsections (a) and (b) of section 5–424, and (iii) utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any estate plan of the protected person known to them, including a will, any revocable trust of which the person is settlor, and any contract, transfer, or joint ownership arrangement originated by the protected person with provisions for payment or transfer of benefits or interests at the person's death to another or others.
MA Gen L ch V § 5-425 (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 5-425 - Enlargement or Limitation of Powers of Conservator

Section 5–425. [Enlargement or Limitation of Powers of Conservator.]  Subject to the restrictions in section 5–407(c), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred by sections 5–423 and 5–424, any power that the court itself could exercise under sections 5–407(c) and 5–407(d). The court, at the time of appointment or later, may limit the powers of a conservator otherwise conferred by sections 5–423 and 5–424 or previously conferred by the court and may at any time remove or modify any limitation. If the court limits any power conferred on the conservator by section 5–423 or section 5–424, or specifies, as provided in section 5–419(a), that title to some but not all assets of the protected person vest in the conservator, the limitation or specification of assets subject to the conservatorship shall be endorsed upon the letters of appointment.