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 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.
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 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.
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 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.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-409 - Who May Be Appointed Conservator; Penalties

Section 5–409. [Who May Be Appointed Conservator; Priorities.]
(a) Subject to subsection (c), the court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:
(1) Unless lack of qualification or other good cause dictates the contrary, a person nominated in the protected person's most recent durable power of attorney;
(2) a conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;
(3) an individual or corporation nominated by the protected person 14 or more years of age and of sufficient mental capacity to make an intelligent choice;
(4) an agent appointed by the protected person under a durable power of attorney;
(5) a parent of the protected person, or any parental nominee; and
(6) any person deemed appropriate by the court.
(b) The court, acting in the best interest of the protected person, may pass over a person having priority and appoint a person having a lower priority or no priority.
(c) An owner, operator, or employee of a long-term care institution at which the protected person is receiving care or a paid caretaker may not be appointed as conservator unless related to the protected person by blood, marriage, or adoption.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-410 - Bond

Section 5–410. [Bond.]
(a) A conservator, temporary conservator and special conservator shall furnish 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. A surety shall be required on the bond of a conservator, except the court may waive the requirement of sureties for good cause shown by the conservator. A bond with sureties shall be in the amount established by the court.
(b) Notwithstanding subsection (a), but subject to section 5–415, a conservator shall not be required to furnish sureties on his bond if the conservator has a priority for appointment under section 5–409(a)(1) and the person nominating the conservator expressly waives the requirement.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-411 - Terms and Requirements of Bonds

Section 5–411. [Terms and Requirements of Bonds.]
(a) The following requirements and provisions apply to any bond required under sections 5–208, 5–305 and 5–307:
(1) Bonds shall name the first judge of the court making the appointment and his successors as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.
(2) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the guardian or conservator and with each other.
(3) By executing an approved bond of a guardian or conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the guardian or conservator and naming the surety as a party respondent. Notice of any proceeding on the bond shall be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.
(4) On petition of a successor guardian or conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the guardian or conservator.
(5) The bond of the guardian or conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(6) If a new bond is required, the sureties on the prior bond shall be liable for all breaches of the conditions thereof committed before the new bond is approved and filed.
(7) In no event shall any surety be liable for any claim or cause of action arising out of or in any way connected with acts or omissions of the guardian or conservator occurring prior to the appointment of such person as guardian or conservator.
(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-412 - Acceptance of Appointment; Consent to Jurisdiction

Section 5–412. [Acceptance of Appointment; Consent to Jurisdiction.]
Prior to receiving letters, a conservator, temporary conservator and special conservator shall accept appointment by filing a bond containing a statement of acceptance of the duties of the office. By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate which may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator or mailed by registered or certified mail to the address as listed in the petition for appointment or as thereafter reported to the court and to the address as then known to the petitioner.
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 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.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-415 - Petitions for Orders Subsequent to Appointment

Section 5–415. [Petitions for Orders Subsequent to Appointment.]
(a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order:
(1) requiring sureties or collateral or additional sureties or collateral, or reducing bond;
(2) requiring an inventory or accounting for the administration of the trust;
(3) directing distribution;
(4) removing the conservator and appointing a temporary or successor conservator; or
(5) granting other appropriate relief.
(b) A conservator may petition the appointing court for instructions concerning fiduciary responsibility.
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-416 - General Duty of Conservator; Plan

Section 5–416. [General Duty of Conservator; Plan.]
(a) A conservator, in relation to powers conferred by this part, or implicit in the title acquired by virtue of the proceeding, shall act as a fiduciary and observe the standards of care applicable to trustees as described by chapter 203C.
(b) A conservator shall exercise authority only as necessitated by the mental and adaptive limitations of the protected person, and to the extent possible, encourage the person to participate in decisions, to act in the person's own behalf, and to develop or regain the ability to manage the person's estate and business affairs.
(c) The court may order a conservator to file with the appointing court a plan for managing, expending, and distributing the assets of the protected person's estate. The plan shall be based on the actual needs of the person and take into consideration the best interest of the person. The conservator shall include in the plan steps to develop or restore the person's ability to manage the person's property, an estimate of the duration of the conservatorship, and projections for expenses and resources.
(d) In investing an estate, selecting assets of the estate for distribution, and invoking powers of revocation or withdrawal available for the use and benefit of the protected person and exercisable by the conservator, a conservator shall take into account any estate plan of the person known to the conservator and may examine the will and any other donative, nominative, or other appointive instrument of the person.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-417 - Inventory and Records

Section 5–417. [Inventory and Records.]
(a) Within 90 days after qualification, each conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The conservator shall provide a copy thereof to the protected person if the person has attained the age of 14 years. A copy also shall be provided to any guardian or parent with whom the protected person resides.
(b) The conservator shall keep suitable records of the administration and exhibit the same on request of any interested person.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-418 - Accounts

Section 5–418. [Accounts.]
(a) Each conservator shall account to the court for administration of the trust not less than annually unless the court directs otherwise, upon resignation or removal and at other times as the court may direct. On termination of the protected person's minority or disability, a conservator shall account to the court. Subject to appeal or vacation within the time permitted, an order allowing an intermediate account of a conservator adjudicates as to liabilities of the conservator concerning the matters set forth therein or shown thereby; and an order allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship.
(b) A conservator or any interested person may petition for an order of complete settlement of an account. Notice shall be given in the manner prescribed by section 1–401 by the petitioner to all interested persons.
(c) An account shall state or contain:
(1) a listing of the balance of the prior account or inventory, receipts, disbursements and distributions during the reporting period and the assets of the estate under the conservator's control at the end of the reporting period;
(2) a listing of the services provided to the protected person; and
(3) any recommended changes in any conservatorship plan as well as a recommendation as to the continued need for conservatorship and any recommended changes in the scope of the conservatorship.
(d) If there are persons interested to whom notice has not been given, or if the interests of persons incapacitated or under disability are not represented except by the accountant, the court shall appoint as guardian ad litem an individual or any public or charitable agency to review the account and make appropriate recommendations to the court.
(e) Objections to a conservator's account shall be filed in the manner prescribed by section 1–401. After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the conservator from further claim or demand of any interested person. Such discharge shall forever exonerate the conservator and the conservator's sureties from all liability under such decree unless the conservator's account is impeached for fraud or manifest error.
(f) The court shall establish a system for monitoring of conservatorships, including the filing and review of conservators' accounts and plans.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-419 - Conservators; Title by Appointment

Section 5–419. [Conservators; Title By Appointment.]
(a) The appointment of a conservator vests in the conservator title as fiduciary to all property, or to the part thereof specified in the order, of the protected person, held at the time of appointment or thereafter acquired. An order vesting title to only a part of the property of the protected person creates a conservatorship limited to assets specified in the order.
(b) Except as otherwise provided herein, the interest of the protected person in property vested in a conservator by this section is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, though ineffective to affect property rights, may generate a claim for restitution or damage.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-420 - Recording of Conservator's Letters

Section 5–420. [Recording of Conservator's Letters.]
(a) Letters of conservatorship are evidence of transfer of all assets or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subjected to the conservatorship from the conservator to the protected person, or to successors of the person.
(b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships, shall be filed or recorded in each registry district in which the protected person owns real property to give record notice of title as between the conservator and the protected person.
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 190b - Massachusetts Uniform Probate Code › Article V - Protection of Persons Under Disability and Their Property › Section 5-421 - Sale, Encumbrance, or Transaction Involving Conflict of Interest Voidable; Exceptions

Section 5–421. [Sale, Encumbrance, or Transaction Involving Conflict of Interest Voidable; Exceptions.]
Any sale or encumbrance to a conservator, the spouse, agent, attorney of a conservator or any corporation, trust, or other organization in which the conservator has a substantial beneficial interest, or any other transaction involving the estate being administered by the conservator which is affected by a substantial conflict between fiduciary and personal interests is voidable unless the transaction is approved by the court after notice as directed by the court.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 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.
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 190b - Massachusetts Uniform Probate Code › Article VI - Nonprobate Transfers on Death › Section 6-101 - Nonprobate Transfers on Death

Section 6–101. [Nonprobate Transfers on Death.]
(a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage promissory note, certificated or uncertificated security, account, agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or any other written instrument effective as a contract, gift, conveyance or trust, is nontestamentary.
(b) This subsection includes a written provision that:
(1) money or other benefits or property due to, controlled by, or owned by a decedent before death shall be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before, after, or at the same time as the instrument if:
(i) the original document specifically provides for disposition in accordance with the later instrument; or
(ii) the later instrument has independent significance such as a contract, gift, conveyance, trust or will.
(2) money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand.
(c) This section shall not limit rights of creditors under other laws of the commonwealth.
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 190b - Massachusetts Uniform Probate Code › Article VI - Nonprobate Transfers on Death › Section 6-301 - Definitions

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

Section 6–302. [Registration in Beneficiary Form; Sole or Joint Tenancy Ownership.]
Only individuals whose registration of a security shows sole ownership by 1 individual or multiple ownership by 2 or more with rights of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with rights of survivorship, or as tenants by the entireties, and not as tenants in common.
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 190b - Massachusetts Uniform Probate Code › Article VI - Nonprobate Transfers on Death › Section 6-303 - Registration in Beneficiary Form; Applicable Law

Section 6–303. [Registration in Beneficiary Form; Applicable Law.]
A security may be registered in beneficiary form if the form is authorized by this part or a similar law of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this part or a similar law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this part or similar law is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
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 190b - Massachusetts Uniform Probate Code › Article VI - Nonprobate Transfers on Death › Section 6-304 - Origination of Registration in Beneficiary Form

Section 6–304. [Origination of Registration in Beneficiary Form.]
A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.