reglab/statecodes huggingface dataset:
2023 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 200a - Disposition of Unclaimed Property › Section 15b - Duplicate Certificates of Ownership; Holders of Interests Under Sec. 5b

Section 15B. The holder of an interest under section five B shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the treasurer. Upon delivery of a duplicate certificate to the treasurer, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate is relieved of all liability of every kind in accordance with the provision of section fifteen D to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the treasurer, for any losses or damages resulting to any person by the issuance and delivery to the treasurer of the duplicate certificate.
2023 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 200a - Disposition of Unclaimed Property › Section 15c - Charges and Cessation of Interest on Abandoned Property

Section 15C. In connection with property heretofore or hereinafter reportable or reportable under this chapter, no holder may impose any charges in respect of dormancy or inactivity on a savings or checking account or cease payment of interest unless:—
(1) such charges and such cessation of interest are provided for in a valid, enforceable and written contract between the holder and the customer which specifies the amount of such charges and that interest will cease;
(2) the customer is notified prior to the imposition of such charges and cessation of interest; and
(3) it is not the policy of the holder to waive such charges or to restore interest. No holder shall deduct from the amount of any draft, registered check, money order, certified check, cashier's check or treasurer's check or any similar written instrument any charges imposed by reason of the failure to present such items for encashment unless such charges are provided for in a valid enforceable and written contract and it is not the policy of the holder to waive such charges.
2023 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 200a - Disposition of Unclaimed Property › Section 15d - Good Faith Delivery to Treasurer; Defense and Indemnification by Commonwealth

Section 15D. (1) If the holder pays or delivers property to the treasurer in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the commonwealth, upon written notice to the treasurer of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim.
(2) For the purposes of this section, ''good faith'' shall mean: (1) payment or delivery was made in a reasonable attempt to comply with this chapter; (2) the person delivering the property was not a fiduciary then in breach of trust in respect to the property and had reasonable basis for believing, based on the facts then known to him, that the property was abandoned for the purposes of this chapter; and (3) there is no showing that the records pursuant to which the delivery was made did not meet reasonable commercial standards of practice in the industry.
2023 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 200a - Disposition of Unclaimed Property › Section 16 - Inconsistent Provisions; Repeal

Section 16. All provisions of the General Laws inconsistent herewith are hereby repealed.
2023 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 200a - Disposition of Unclaimed Property › Section 17 - Severability

Section 17. If any section or clause of this chapter is held invalid or unconstitutional by a court of competent jurisdiction the remainder shall not be affected thereby.
2023 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 200b - Disposition of Museum Property › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Claimant'', a person, other than the lender, who claims to be legally entitled to, or who establishes legal entitlement to, property held by a museum.
''Lender'', a person who loans property to a museum and whose name appears in the museum's records as the person legally entitled to the property held by the museum.
''Loan'', a deposit of property with a museum for a specified period of time, that is not accompanied by a transfer of title to the property or other evidence of donative intent; but does not include a consignment of property for sale.
''Museum'', an institution or entity located in the commonwealth that:
(i) is operated by a nonprofit corporation, trust, association, public agency or educational institution;
(ii) is operated primarily for educational, scientific, historic preservation, cultural or aesthetic purposes; and
(iii) owns, borrows, cares for, exhibits, studies, archives or catalogues property.
The word, ''museum'' shall include, but not be limited to, historical societies, historic sites, landmarks, parks, archives, monuments, botanical gardens, arboreta, zoos, nature centers, planetaria, aquaria, libraries, technology centers and art, history, science and natural history museums.
''Person'', an individual, association, partnership, corporation, trust, estate or other entity having a legal interest in property in the custody of a museum.
''Property'', tangible objects, animate or inanimate, in the custody of a museum.
''Undocumented property'', property:
(i) that is held by a museum;
(ii) that is assumed to be a gift to the museum; and
(iii) whose ownership cannot be determined by reference to the museum's records.
2023 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 200b - Disposition of Museum Property › Section 2 - Notice to Lender or Claimant; Contents; Delivery Requirements; Notice by Publication

Section 2. (a) A notice to a lender or claimant under this chapter shall contain:
(1) the lender's or claimant's name, if known;
(2) the lender's or claimant's address, if known;
(3) a description of the property on loan to the museum;
(4) the date of the loan, if known, or the approximate date the property came into the custody of the museum;
(5) the name of the museum; and
(6) the name, address and telephone number of the appropriate museum official or office to be contacted regarding the property.
(b) A notice mailed to a lender or claimant under this chapter shall be sent by certified mail, return receipt requested, to the lender's or claimant's address. Notice shall be deemed to have been provided if the museum receives, within 60 days of mailing the notice to the lender or claimant a return receipt indicating a completed delivery to the lender's or claimant's address. The date of a notice provided under this subsection shall be the date of delivery to the lender's or claimant's address, as identified in the return receipt.
(c) If notice to a lender or claimant is not given in accordance with subsection (b), or if, after a diligent search of its records, a museum does not know or cannot determine the lender's or claimant's identity or address, notice may be given by publication, in which case notice shall be published:
(1) at least once per week for 3 successive weeks in a newspaper of general circulation in the county or municipality in which the museum is located; and
(2) if the museum has in its records the lender's or claimant's address, at least once per week for 3 successive weeks in a newspaper of general circulation in the county or municipality in which the lender or claimant is located.
For purposes of this chapter, the date of notice given under this subsection shall be the date of the last published notice under either clause (1) or (2), whichever occurs later.
2023 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 200b - Disposition of Museum Property › Section 3 - Application of Conservation Measures or Disposal of Undocumented Property or Property on Loan Without Notice; Requirements; Lien for Costs Incurred and Liability for Damages

Section 3. (a) Unless a written loan agreement provides otherwise, a museum may apply conservation measures to, or dispose of, undocumented property or property on loan to the museum without the lender's or claimant's permission or notice to the lender or claimant if:
(1) immediate action is required to protect the undocumented property or property on loan; or
(2) the property on loan has become a hazard to the health and safety of the public or to the museum's staff, and if at least 1 of the following applies:
(i) the property poses an immediate risk of harm to the museum's staff or collection or to the general public, in which case the museum may dispose of the property without delay and shall notify the lender or claimant of the action taken within 30 days;
(ii) the museum is unable to reach the lender or claimant at the lender's or claimant's address or phone number and is required to take action within 30 days; or
(iii) the museum contacts the lender or claimant and the lender or claimant does not agree to the protective measures the museum recommends and does not, or is unable to, terminate the loan and collect the property within the time the museum determines the action is necessary.
(b) Unless a written loan agreement provides otherwise, a museum that applies conservation measures to or disposes of loaned property in accordance with subsection (a) shall:
(1) acquire and may enforce a lien on the loaned property in the amount of the costs incurred by the museum;
(2) not be liable to the lender or claimant for damage to, or loss of, the loaned property so long as the museum had a reasonable belief at the time the action was taken that the action was necessary; and
(3) if the museum applied conservation measures, not be liable to the lender or claimant for damage to, or loss of, the loaned property so long as the museum exercised reasonable care in choosing and applying such conservation measures.
2023 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 200b - Disposition of Museum Property › Section 4 - Notice to Terminate Loan of Property; Contents; Acquisition of Title by Museum Upon Failure of Lender to Respond to Notice or Collect Property

Section 4. (a) Unless a written loan agreement provides otherwise, a museum may give notice of the museum's intent to terminate a loan of property at any time if:
(1) the property was loaned to the museum for an indefinite term; or
(2) the property was loaned to the museum for a specified term and the term has expired.
(b) A mailed notice of intent to terminate a loan shall comply with subsection (b) of section 2, and shall include the following statement: ''The records of (name of museum) indicate that you have property on loan to it. The museum hereby terminates the loan. If you desire to claim the property, you must contact the museum, establish your ownership of the property, and make arrangements to collect the property. If you fail to do so within 1 year after the date on which this notice was delivered, you will be considered to have donated the property to the museum and the museum will become the owner of the property.''
(c) If a lender or claimant does not respond to a notice of intent to terminate a loan under this chapter and does not collect the property within 1 year from the date of the notice, the museum shall acquire title to the property and may sell, dispose of or retain the property.
2023 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 200b - Disposition of Museum Property › Section 5 - Acquisition of Title by Museum to Property When Identity of Lender Unknown

Section 5. Property in the possession of a museum for which the museum does not know, and has no reasonable means of determining, the identity of the lender or claimant shall become the property of the museum if no person has claimed the property within 7 years after the museum can document the museum's possession of the property. The museum shall become the owner of the property free from all claims on the day after the 7–year period ends. This section shall not apply to stolen or confiscated property.
2023 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 200b - Disposition of Museum Property › Section 6 - Action for Damages Brought Against Museum; Time for Action; Property Deemed Donated Upon Failure to Act After Receipt of Notice of Museum's Intent to Claim Title; Title to Property Purchased From Museum; Recovery of Property Upon Failure to Receive Notice; Competing Interests in Loaned Property

Section 6. (a) Unless a written loan agreement exists between the parties, no action for damages shall be brought against a museum or the museum's employees, agents, officers or trustees because of injury, damage to or loss of property loaned to the museum more than 2 years after the date the museum provided notice to the lender or claimant of the damage or loss.
(b) No action shall be brought against a museum or the museum's employees, agents, officers or trustees to recover loaned or undocumented property more than 2 years after the date the museum provides notice to the lender or claimant of the museum's intent to terminate a loan or the museum's assertion of title to undocumented property.
(c) No action shall be brought against a museum or the museum's employees, agents, officers or trustees to recover loaned property more than 2 years after the expiration date of the most recent written contract between the lender or claimant and the museum.
(d) A lender or claimant shall be deemed to have donated loaned property to a museum if the lender or claimant fails to contact the museum and establish the lender's or claimant's claim to the property after receiving notice of the museum's intent to claim title to the property or dispose of the property or if the lender or claimant fails to file an action to recover the loaned property within the periods specified in subsections (b) and (c).
(e) A person who purchases property from a museum shall acquire title to the property if, prior to the person's purchase, the museum acquired title to the property under this chapter.
(f) Notwithstanding subsections (d) and (e), a lender or claimant who has not received notice of intent to terminate a loan or notice of the museum's assertion of title to undocumented property and who proves that the museum received satisfactory notice of interest in the property under subsection (b) of section 7, may recover the property or, if the property has been disposed of, the reasonable value of the property at the time the museum disposed of the property.
(g) If a person claims a competing interest with a second person in property loaned to a museum, the burden shall be on the person claiming the competing interest to prove such person's interest in the property. A museum shall not be liable for the return of property to a claimant who has produced reasonable proof of ownership if, at the time the museum returned the property, the claimant's claim was uncontested.
2023 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 200b - Disposition of Museum Property › Section 7 - Informing Lender of Provisions of Chapter at Time Loan of Property Made; Retention of Records; Notification of Change in Property Ownership; Filing of Notice of Interest in Property

Section 7. (a)(1) A museum accepting a loan of property shall inform the lender, in writing, of the provisions of this chapter at the time the loan is made. A copy of this chapter or a citation to this chapter within the loan agreement shall satisfy the requirements of this subsection.
(2) A museum shall notify a lender or claimant of the museum's change of address or dissolution.
(3) A museum shall retain all written records regarding property acquired under this chapter for at least 10 years from the date that the museum acquired title to the property or until the dissolution of the museum, whichever occurs first.
(b)(1) A lender, a lender's heir or legal agent, or a claimant shall notify the museum promptly, in writing, of a change in ownership of loaned property or if there is a change in the name or address of the lender or claimant.
(2) A lender or claimant may file with a museum a written notice of interest in the property held by the museum. A notice of interest in the property shall:
(i) contain an adequate description of the property to enable the museum to identify the property;
(ii) be accompanied by documentation sufficient to establish the lender or claimant as the owner of the property; and
(iii) be signed under penalty of perjury by the lender or claimant, or by a person authorized to act on behalf of the lender or claimant.
2023 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 200b - Disposition of Museum Property › Section 8 - Rights and Obligations Identified in Written Agreement; Availability of Other Methods of Establishing Title

Section 8. This chapter shall not be construed to abrogate the rights and obligations of a lender, claimant or museum identified in a written agreement.
This chapter shall not preclude a museum from using any other statutory or judicial method of establishing or perfecting title to property in the museum's custody.
2023 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 201a - Uniform Transfers to Minors Act › Section 1 - Definitions

Section 1. As used in this chapter the following words shall, unless the context requires otherwise, have the following meanings:—
''Adult'', an individual who has attained the age of twenty-one years.
''Broker'', a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
''Court'', the probate and family court.
''Custodian'', a person so designated under section nine or a successor or substitute custodian designated under section eighteen.
''Custodial property'', (i) any interest in property transferred to a custodian under this chapter and (ii) the income from and proceeds of that interest in property.
''Financial institution'', a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
''Guardian'', a person appointed or qualified by a court to act as guardian of a minor's property or a person legally authorized to perform substantially the same functions.
''Legal representative'', an individual's personal representative or guardian.
''Member of the minor's family'', the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
''Minor'', an individual who has not attained the age of twenty-one years.
''Person'', an individual, corporation, organization, or other legal entity.
''Personal representative'', an executor, administrator, successor, personal representative, or voluntary administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
''State'', includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
''Transfer'', a transaction that creates custodial property under section nine.
''Transferor'', a person who makes a transfer under this chapter.
''Trust company'', a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
2023 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 201a - Uniform Transfers to Minors Act › Section 2 - Scope and Jurisdiction

Section 2. (a) Except as otherwise provided in section twenty-two, this chapter shall apply to a transfer that refers to this chapter in the designation under subsection (a) of section nine by which the transfer is made if, at the time of the transfer, the transferor, or the minor, or the custodian is a resident of the commonwealth or the custodial property is located in the commonwealth. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from the commonwealth.
(b) A person designated as custodian under this chapter is subject to personal jurisdiction in the commonwealth with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state, is governed by the law of the designated state and may be executed and is enforceable in the commonwealth if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
2023 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 201a - Uniform Transfers to Minors Act › Section 3 - Nomination of Custodian

Section 3. (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: ''as custodian for ___ (name of minor) under the Massachusetts Uniform Transfers to Minors Act''. The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subsection (a) of section nine.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under said section nine. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to said section nine.
2023 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 201a - Uniform Transfers to Minors Act › Section 4 - Transfer by Gift or Exercise of Power of Appointment

Section 4. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section nine.
2023 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 201a - Uniform Transfers to Minors Act › Section 5 - Transfer Authorized by Will or Trust

Section 5. (a) A personal representative or trustee may make an irrevocable transfer pursuant to section nine to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under section three to receive the custodial property, the transfer shall be made to such custodian.
(c) If the testator or settlor has not nominated a custodian under said section three, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of section nine.
2023 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 201a - Uniform Transfers to Minors Act › Section 6 - Other Transfer by Fiduciary

Section 6. (a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or another trust company as custodian for the benefit of a minor pursuant to section nine, in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c), a guardian may make an irrevocable transfer to another adult or another trust company as custodian for the benefit of the minor pursuant to section nine.
(c) A transfer under subsection (a) or (b) may be made only if (i) the personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor, (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (iii) the transfer is authorized by the court if it exceeds ten thousand dollars in value.
2023 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 201a - Uniform Transfers to Minors Act › Section 7 - Transfer by Obligor

Section 7. (a) Subject to subsections (b) and (c), a person not subject to section five or section six who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section nine.
(b) If a person having the right to do so under section three has nominated a custodian under said section three to receive the custodial property, the transfer shall be made to such custodian.
(c) If no custodian has been nominated under said section three or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds ten thousand dollars in value.
2023 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 201a - Uniform Transfers to Minors Act › Section 8 - Receipt for Custodial Property

Section 8. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.
2023 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 201a - Uniform Transfers to Minors Act › Section 10 - Single Custodianship

Section 10. A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
2023 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 201a - Uniform Transfers to Minors Act › Section 11 - Validity and Effect of Transfer

Section 11. (a) The validity of a transfer made in a manner prescribed in this chapter is not affected by:
(1) failure of the transferor to comply with subsection (c) of section nine concerning possession and control;
(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection (a) of said section nine; or
(3) death or incapacity of a person nominated under section three or designated under said section nine as custodian or the disclaimer of the office by that person.
(b) A transfer made pursuant to said section nine is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.
(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
2023 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 201a - Uniform Transfers to Minors Act › Section 12 - Care of Custodial Property

Section 12. (a) A custodian shall:
(1) take control of custodial property;
(2) register or record title to custodial property if appropriate; and
(3) collect, hold, manage, invest, and reinvest custodial property.
(b) In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. Subject to such standard, custodial property may include undivided interests in any kind of real or personal property, so long as the minor's interest is that of a tenant in common and is fixed; provided, however, that a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
(c) A custodian may invest in or pay premiums on life insurance or endowment policies on (i) the life of the minor only if the minor or the minor's estate is the sole beneficiary, or (ii) the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the beneficiary.
(d) A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words, ''as a custodian for ___ (name of minor) under the Massachusetts Uniform Transfers to Minors Act''.
(e) A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of fourteen years.
2023 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 201a - Uniform Transfers to Minors Act › Section 13 - Powers of Custodian

Section 13. (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
(b) This section does not relieve a custodian from liability for a breach of section twelve.
2023 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 201a - Uniform Transfers to Minors Act › Section 14 - Use of Custodial Property

Section 14. (a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose.
(b) On petition of an interested person or the minor if the minor has attained the age of fourteen years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and shall not affect any obligation of a person to support the minor.
2023 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 201a - Uniform Transfers to Minors Act › Section 15 - Custodian's Expenses, Compensation, and Bond

Section 15. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
(b) Except for one who is a transferor under section four, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in paragraph (f) of section eighteen, a custodian need not give a bond for the faithful performance of his duties.
2023 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 201a - Uniform Transfers to Minors Act › Section 16 - Exemption of Third Person From Liability

Section 16. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, shall not be responsible for determining:
(1) the validity of the purported custodian's designation;
(2) the propriety of, or the authority under this chapter for, any act of the purported custodian;
(3) the validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
(4) the propriety of the application of any property of the minor delivered to the purported custodian.
2023 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 201a - Uniform Transfers to Minors Act › Section 17 - Liability to Third Persons

Section 17. (a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property, or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian shall not be personally liable:—
(1) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor shall not be personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless such minor is personally at fault.
2023 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 201a - Uniform Transfers to Minors Act › Section 19 - Accounting by and Determination of Liability of Custodian

Section 19. (a) A minor who has attained the age of fourteen years, the minor's guardian, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (i) for an accounting by the custodian or the custodian's legal representative; or (ii) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section seventeen to which the minor or the minor's legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d) If a custodian is removed under paragraph (f) of section eighteen, the court shall require an accounting and order transfer of possession or control of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
2023 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 201a - Uniform Transfers to Minors Act › Section 20 - Termination of Custodianship

Section 20. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
(1) the minor's attainment of twenty-one years of age with respect to custodial property transferred to a custodian nominated as provided in section three or transferred under section four or section five;
(2) the minor's attainment of majority under the laws of the commonwealth, other than this chapter, with respect to custodial property transferred under (i) section six; or (ii) section seven, except in the case of a transfer to a custodian nominated as provided in section three; or
(3) the minor's death.
2023 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 201a - Uniform Transfers to Minors Act › Section 21 - Applicability

Section 21. This chapter applies to a transfer within the scope of section two made after its effective date if:
(1) the transfer purports to have been made under the Massachusetts Uniform Gifts to Minors Act; or
(2) the instrument by which the transfer purports to have been made uses in substance the designation ''as custodian under the Uniform Gifts to Minors Act'' or ''as custodian under the Uniform Transfers to Minors Act'' of any other state, and the application of this chapter is necessary to validate the transfer.
2023 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 201a - Uniform Transfers to Minors Act › Section 22 - Effect on Existing Custodianships

Section 22. (a) Any transfer of custodial property as now defined in this chapter made at a time when this chapter was entitled the Uniform Gifts to Minors Act is validated notwithstanding that there was no specific authority in the Massachusetts Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b) This chapter applies to all transfers made before it became the Uniform Transfers to Minors Act in a manner and form prescribed in the Massachusetts Uniform Gifts to Minors Act except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this chapter.
(c) Sections one and twenty with respect to the age of a minor for whom custodial property is held under this chapter shall not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of majority before the date this chapter became the Uniform Transfers to Minors Act.
2023 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 201a - Uniform Transfers to Minors Act › Section 23 - Uniformity of Application and Construction

Section 23. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
2023 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 201a - Uniform Transfers to Minors Act › Section 24 - Short Title

Section 24. This chapter may be cited as the ''Massachusetts Uniform Transfers to Minors Act''.
2023 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 201d - Health Care Proxies › Section 1 - Definitions

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Attending physician'', the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient, in whatever setting medical diagnosis or treatment is rendered. Where more than one physician shares such responsibility, any such physician may act as the attending physician.
''Capacity to make health care decisions'', the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision.
''Facility'', any facility as defined in section seventy E of chapter one hundred and eleven.
''Health care'', any treatment, service or procedure to diagnose or treat the physical or mental condition of a patient.
''Health care agent'' or ''agent'', an adult to whom authority to make health care decisions is delegated under a health care proxy.
''Health care decision made by an agent under a health care proxy'', a decision which is made in accordance with the requirements of this chapter, is consistent with any limitations in the health care proxy, and is consistent with responsible medical practice.
''Health care provider'', an individual or facility licensed, certified, or otherwise authorized or permitted by law to administer health care in the ordinary course of business or professional practice.
''Health care proxy'', a document delegating to an agent the authority to make health care decisions, executed in accordance with the requirements of this chapter.
''Principal'', a person who has executed a health care proxy.
2023 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 201d - Health Care Proxies › Section 2 - Appointment of Health Care Agents; Execution of Proxy; Alternate Agents

Section 2. Every competent adult shall have the right to appoint a health care agent by executing a health care proxy. Said health care proxy shall be in writing signed by such adult or at the direction of such adult in the presence of two other adults who shall subscribe their names as witnesses to such signature. The witnesses shall affirm in writing that the principal appeared to be at least eighteen years of age, of sound mind and under no constraint or undue influence. No person who has been named as health care agent in a health care proxy shall act as a witness to the execution of such proxy. For the purposes of this section, every adult shall be presumed to be competent and every health care proxy shall be presumed to be properly executed unless a court determines otherwise.
A competent adult may designate an alternate health care agent as part of a valid health care proxy. Said alternate may serve when the designated health care agent is not available, willing or competent to serve and the designated health care agent is not expected to become available, willing or competent to make a timely decision given the patient's medical circumstances; or, the health care agent is disqualified from acting on the principal's behalf pursuant to other requirements of this chapter.