Section 5-107
The court shall not appoint as guardian any person petitioning for guardianship who: (i) is currently being investigated or has charges pending for committing an assault and battery that resulted in serious bodily injury to the minor, incapacitated or protected person; or (ii) is currently being investigated or has charges pending for neglect of the minor, incapacitated or protected person. The court shall terminate a guardianship appointed under this section if, upon petition, it is established that the guardian is: (i) currently being investigated or has charges pending for committing an assault and battery that resulted in serious bodily injury to the minor, incapacitated or protected person; or (ii) is currently being investigated or has charges pending for neglect of the minor, incapacitated or protected person.
Massachusetts comment
This new section 5-107 is added to preserve the protection added to G.L. c. 201, section 6B by section 108 of chapter 176 of the Acts of 2008, creating the Office of the Child Advocate.
Chapter 140 of the Acts of 2012 replaced four occurrences of “ill person” with “protected person”.