Section 4–101. [Definitions.]

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Terms Used In Massachusetts General Laws ch. 190B sec. 4-101

  • Decedent: A deceased person.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

In this Article:

(1) ”Domiciliary foreign guardian or foreign conservator”, a foreign guardian or foreign conservator currently qualified and acting under appointment by a court of another jurisdiction in which the protected person is currently domiciled.

(2) ”Domiciliary foreign personal representative”, a foreign personal representative under the law of the jurisdiction of a decedent‘s domicile.

(3) ”Foreign guardian or foreign conservator”, a guardian or conservator who was appointed by a court of another jurisdiction to administer the estate of a minor or other protected person.

(4) ”Local administration”, administration by a personal representative appointed in the commonwealth pursuant to appointment proceedings described in article III.

(5) ”Local guardian or conservator”, a guardian or conservator appointed in the commonwealth pursuant to appointment proceedings described in article V, but excluding one who is merely a guardian ad litem.

(6) ”Local personal representative”, includes any personal representative appointed in the commonwealth pursuant to appointment proceedings described in article III and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 4–205.

(7) ”Nonresident protected person”, a protected person who is currently domiciled in another jurisdiction.

(8) ”Protected person”, a minor or other person whose estate in the commonwealth or in any other jurisdiction is currently administered by a guardian or conservator appointed by a court.

(9) ”Resident creditor”, a person domiciled in, or doing business in the commonwealth, who is, or could be, a claimant against an estate of a non-resident decedent or a nonresident protected person.