reglab/housing_qa huggingface dataset:
MA Gen L ch V § 5-405 (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 5-405 - Notice

Section 5–405. [Notice.]  (a) On a petition for appointment of a conservator or other protective order, the requirements for notice described in section 5–304 apply, but (i) if the person to be protected has disappeared or is otherwise situated so as to make personal service of notice impracticable, notice to the person shall be given by leaving a copy of the petition and citation at the last and usual place of abode of the person to be protected, and (ii) if the person to be protected is a minor, the provisions of section 5–206(b) also apply.  (b) Notice of hearing on a petition for an order subsequent to appointment of a conservator or other protective order shall be given to the protected person, any conservator of the protected person's estate, and any other person as ordered by the court.
MA Gen L ch V § 5-305 (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 V - Protection of Persons Under Disability and Their Property|Section 5-305 - Who May Be Guardian; Parties

Section 5–305. [Who May Be Guardian; Priorities.]  (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.
MA Gen L ch V § 5-208 (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 5-208 - Bond; Consent to Service by Acceptance of Appointment; Notice

Section 5–208. [Bond; Consent to Service by Acceptance of Appointment; Notice.]  (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 a minor unless the court determines that it is in the best interest of the minor to waive the surety or to require additional sureties.  (c) The requirements and provisions of section 5–411 apply to guardians appointed under this part.
MA Gen L ch V § 5-207 (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 5-207 - Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee

Section 5–207. [Court Appointment of Guardian of Minor; Qualifications; Priority of Minor's Nominee.]  (a) The court may appoint as guardian any person whose appointment would be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor is 14 or more years of age, unless the court finds the appointment contrary to the best interest of the minor.  (b) In the interest of developing self-reliance of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on motion of the minor ward or other interested person, may limit the powers of a guardian otherwise granted by this article and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of a minor shall be endorsed on the guardian's letters or, in the case of a guardian by parental appointment, shall be reflected in letters that are issued at the time any limitation is imposed. Following the same procedure, additional powers may be granted or existing powers may be withdrawn.
MA Gen L ch V § 5-206 (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 5-206 - Procedure for Court Appointment of Guardian of Minor

Section 5–206. [Procedure for Court Appointment of Guardian of Minor.]  (a) A minor 14 or more years of age or any person interested in the welfare of the minor may petition for appointment of a guardian.  (b) After the filing of a petition, notice shall be given in the manner prescribed by section 1–401 by the petitioner to:  (1) the minor, if the minor is 14 or more years of age and is not the petitioner;  (2) any person who has been awarded care or custody of the minor by a court of competent jurisdiction, whom is alleged to have had the principal care or custody of the minor or with whom the minor has resided during the 60 days preceding the filing of the petition, excluding foster parents;  (3) any living parent of the minor, excluding a parent whose parental rights have been terminated or a parent who has signed a voluntary surrender, or, if none, brothers and sisters, or, if none, heirs apparent or presumptive;  (4) the spouse if the minor is married;  (5) any person nominated as guardian by the minor if the minor has attained 14 years of age;  (6) any parental or guardian appointee whose appointment has not been prevented or terminated under section 5–203;  (7) any guardian or conservator currently acting for the minor in the commonwealth or elsewhere; and  (8) the United States veterans administration or its successor if the minor is entitled to any benefit, estate or income paid or payable by or through said administration or its successors.  (c) Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of section 5–204(a) have been met, and the welfare and best interest of the minor will be served by the requested appointment, it shall make the appointment and issue letters. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will serve the best interest of the minor.
MA Gen L ch V § 5-203 (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 5-203 - Objection by Minor Fourteen or Older to Parental Appointment

Section 5–203. [Objection by Minor Fourteen or Older to Parental Appointment.]  Except where the court has previously confirmed a nominee under section 5–202(c),  (i) a minor 14 or more years of age who is the subject of a parental appointment,  (ii) the other parent, if that parent's parental rights have not been terminated, or  (iii) a person other than a parent having care or custody of the minor or with whom the minor has resided during the 60 preceding days, excluding a foster parent may prevent the appointment or cause it to terminate by filing in the court in which the appointing instrument is filed a written objection to the appointment before it is accepted or within 30 days after receiving notice of its acceptance. An objection may be withdrawn. An objection shall not preclude appointment of the nominee by the court in a proper proceeding of the parental nominee or any other suitable person. The court may treat the filing of an objection as a petition for the appointment of a temporary guardian, and proceed accordingly.
MA Gen L ch V § 5-201 (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 5-201 - Appointment and Status of Guardian of Minor

Section 5–201. [Appointment and Status of Guardian of Minor.]  A person may become a guardian of a minor by appointment by parent or guardian or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian or minor ward. The district or juvenile court may appoint guardians of minors if the person who is the subject of the petition is a minor and there is a proceeding before such district or juvenile court and shall have continuing jurisdiction over resignation, removal, reporting, and other proceedings related to the guardianship.
MA Gen L ch V § 5-107 (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 5-107 - Protection of Minors

Section 5–107. [Protection of Minors]  The court shall not appoint as guardian any person petitioning for guardianship who: (i) is currently being investigated or has charges pending for committing an assault and battery that resulted in serious bodily injury to the minor, incapacitated or protected person; or (ii) is currently being investigated or has charges pending for neglect of the minor, incapacitated or protected person. The court shall terminate a guardianship appointed under this section if, upon petition, it is established that the guardian is: (i) currently being investigated or has charges pending for committing an assault and battery that resulted in serious bodily injury to the minor, incapacitated or protected person; or (ii) is currently being investigated or has charges pending for neglect of the minor, incapacitated or protected person.
MA Gen L ch V § 5-106 (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 5-106 - Appointment of Counsel; Guardian Ad Litem

Section 5–106. [Appointment of Counsel; Guardian ad Litem.]  (a) After filing of a petition for appointment of a guardian, conservator or other protective order, if the ward, incapacitated person or person to be protected or someone on his behalf requests appointment of counsel; or if the court determines at any time in the proceeding that the interests of the ward, incapacitated person or person to be protected are or may be inadequately represented, the court shall appoint an attorney to represent the person, giving consideration to the choice of the person if 14 or more years of age. If the ward, incapacitated person or person to be protected has adequate resources, his counsel shall be compensated from the estate, unless the court shall order that such compensation be paid by the petitioner. Counsel for any indigent ward, incapacitated person or person to be protected shall be compensated by the commonwealth or the petitioner as the court may order. This section shall not be interpreted to abridge or limit the right of any ward, incapacitated person or person to be protected to retain counsel of his own choice and to prosecute or defend a petition under this article.  (b) The court may appoint as guardian ad litem, an individual or any public or charitable agency to investigate the condition of the ward, incapacitated person or person to be protected and make appropriate recommendations to the court.  (c) The incapacitated person or person to be protected is entitled to be present at any hearing in person. A ward, if 14 or more years of age, is entitled to be present at any hearing in person unless the court, upon written findings, determines that the best interest of the ward will not be served thereby. The person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including any physician or other qualified person and any guardian ad litem. The issue may be determined at a closed hearing if the person or counsel for the person so requests.  (d) Any person may apply for permission to provide information in the proceeding and the court may grant the request, with or without hearing, upon determining that the best interest of the person to be protected will be served thereby. The court may attach appropriate conditions to the permission.
MA Gen L ch V § 5-105 (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 5-105 - Venue

Section 5–105. [Venue.]  (a) Provided that the court has jurisdiction:  (1) venue for a guardianship proceeding for a minor is in the court at the place where the minor resides at the time the proceedings are commenced, or, in the case of a nomination of a guardian by the will of a parent or guardian, in the court of the county in which the will was or could be probated except venue for a guardianship proceeding for a minor in district court or juvenile court shall be in the court where the underlying proceeding was filed;  (2) venue for a guardianship proceeding for an incapacitated person is in the court at the place where the incapacitated person resides or is present at the time the proceedings are commenced, or, in the case of a nomination by the will of a parent or spouse, in the court of the county in which the will was or could be probated. If the incapacitated person has been admitted to a facility referred to in chapter one hundred eleven, section 70E pursuant to an order of a court of competent jurisdiction, venue is also in the county in which that facility is located; and  (3) venue for a protective proceeding is in the court at the place where the person to be protected resides at the time the proceedings are commenced, whether or not a guardian has been appointed in another place or, if the person to be protected does not reside in the commonwealth, in the court at the place where property of the person is located.  (b) If a proceeding under this code is brought in more than one place in the commonwealth, the court at the place in which a proceeding is first brought has the exclusive right to proceed unless that court determines that venue is properly in another court or that the interests of justice otherwise require that the proceeding be transferred.
MA Gen L ch V § 5-103 (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 5-103 - Delegation of Powers by Parent or Guardian

Section 5–103. [Delegation of Powers by Parent or Guardian.]  (a) A parent or parents of a minor, other than a parent or parents whose parental rights have been terminated or a parent who has signed a voluntary surrender, or a guardian or guardians of a minor or incapacitated person may appoint a temporary agent for a period not exceeding 60 days, and may delegate to such agent any power that the parent or guardian has regarding the care, custody or property of the minor child, ward or incapacitated person, except the power to consent to marriage or adoption of a minor; provided, however, that no parent or guardian shall appoint a temporary agent when a court has ordered that the minor child be placed in the custody of a person other than the parent or guardian.  (b) Any delegation under this section shall be by a writing signed by, or at the direction of, the parent(s) or guardian(s) and attested by at least 2 witnesses 18 years of age or older, neither of whom is the temporary agent together with the written acceptance of the temporary agent.  (c) A parent or guardian may not appoint a temporary agent of a minor if the minor has another living parent whose whereabouts are known and who is willing and able to provide care and custody for the minor unless the nonappointing parent consents to the appointment in writing. A parent may not appoint a temporary agent if the appointing parent's parental rights have been terminated or a parent who has signed a voluntary surrender.  (d) Any delegation under this section may be revoked or amended by the appointing parent(s) or guardian(s) and delivered to all interested persons. The authority of the temporary agent may be limited or altered by the court.
MA Gen L ch V § 5-102 (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 5-102 - Facility of Payment or Delivery

Section 5–102. [Facility of Payment or Delivery.]  (a) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty, in amounts not exceeding $5,000 a year, by paying or delivering the money or property to:  (1) the minor;  (2) any person having the care and custody of the minor with whom the minor resides;  (3) a guardian of the minor;  (4) a custodian under the uniform transfers to minors act or a custodial trustee under the uniform custodial trust act; or  (5) a financial institution as a deposit in a state or federally insured interest bearing account or certificate in the sole name of the minor with notice of the deposit to the minor.  (b) If the person making payment or delivery knows that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending, the person may make payment or delivery only to the conservator.  (c) Persons receiving money or property for a minor under subsection (a)(2) are obligated to apply the money to the support, care, education, health or welfare of the minor, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for necessary goods and services. Any excess sums shall be preserved for future support, care, education, health or welfare of the minor and any balance not so used and any property received for the minor shall be turned over to the minor when majority is attained.  (d) A person who pays or delivers money or property in accordance with this section is not responsible for the proper application thereof.
MA Gen L ch V § 5-210 (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 5-210 - Termination of Appointment of Guardian; General

Section 5–210. [Termination of Appointment of Guardian; General.]  A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority, but termination shall not affect the guardian's liability for prior acts or the obligation to account for funds and assets of the ward. Resignation of a guardian shall not terminate the guardianship until it has been approved by the court. A parental appointment under an informally probated will is voided if the will is later denied probate in a formal proceeding.
MA Gen L ch V § 5-301 (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 V - Protection of Persons Under Disability and Their Property|Section 5-301 - Nomination of Guardian for Incapacitated Person by Will or Other Writing

Section 5–301. [Nomination of Guardian for Incapacitated Person by Will or Other Writing.]  (a) A parent, by will or other writing signed by the parent and attested by at least 2 witnesses, may nominate a guardian for an unmarried adult child who the parent believes is an incapacitated person, may revoke or amend the nomination, and may specify any desired limitations on the powers to be granted to the guardian.  (b) An individual by will or other writing signed by the individual and attested by at least 2 witnesses, may nominate a guardian for his spouse who the individual believes is an incapacitated person, may revoke or amend the nomination, and may specify any desired limitations on the powers to be granted to the guardian.
MA Gen L ch V § 5-402 (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 5-402 - Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons

Section 5–402. [Protective Proceedings; Jurisdiction of Business Affairs of Protected Persons.]  After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has:  (1) exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated; and  (2) exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of the commonwealth shall be managed, expended, or distributed to or for the use of the protected person, the protected person's dependents, or other claimants.