Massachusetts General Laws ch. 190B sec. 5-206 – Procedure for court appointment of guardian of minor
Section 5–206. [Procedure for Court Appointment of Guardian of Minor.]
Terms Used In Massachusetts General Laws ch. 190B sec. 5-206
- 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.
- Venue: The geographical location in which a case is tried.
(a) A minor 14 or more years of age or any person interested in the welfare of the minor may petition for appointment of a guardian.
(b) After the filing of a petition, notice shall be given in the manner prescribed by section 1–401 by the petitioner to:
(1) the minor, if the minor is 14 or more years of age and is not the petitioner;
(2) any person who has been awarded care or custody of the minor by a court of competent jurisdiction, whom is alleged to have had the principal care or custody of the minor or with whom the minor has resided during the 60 days preceding the filing of the petition, excluding foster parents;
(3) any living parent of the minor, excluding a parent whose parental rights have been terminated or a parent who has signed a voluntary surrender, or, if none, brothers and sisters, or, if none, heirs apparent or presumptive;
(4) the spouse if the minor is married;
(5) any person nominated as guardian by the minor if the minor has attained 14 years of age;
(6) any parental or guardian appointee whose appointment has not been prevented or terminated under section 5–203;
(7) any guardian or conservator currently acting for the minor in the commonwealth or elsewhere; and
(8) the United States veterans administration or its successor if the minor is entitled to any benefit, estate or income paid or payable by or through said administration or its successors.
(c) Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of section 5–204(a) have been met, and the welfare and best interest of the minor will be served by the requested appointment, it shall make the appointment and issue letters. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will serve the best interest of the minor.