Section 5-206
(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.
Comment
The Court, in order to make the decision on a petition for appointment, must have as much information as possible. The requirements of this section seek to fulfill that by requiring specific information be contained in the petition. The Court can, at any stage of the proceeding, appoint an attorney to represent the minor if the Court determines that the minor's interests are not or might not be adequately represented. See § 5-106.
Subsection (a) is intended to qualify as a potential petitioner any person with a serious interest or concern for a minor's welfare, including a relative or a non-relative having knowledge of the circumstances who completes a petition to the court, and any public official having official or personal concerns for the minor's welfare. If the court determines that the petitioner's concerns in the matter stem from interests that may not serve the welfare and best interest of the minor, it may dismiss the proceeding on the ground that the conditions for appointment as specified in subsection (c) have not been met.
Massachusetts comment
Subsections (b)(4) and (8) were added to the UPC to make the section consistent with G.L. c. 201, § 2. See § 5-106 for the Court's authority to appoint a guardian ad litem or counsel for the minor.
Chapter 140 of the Acts of 2012 added “14 or more years of age” after “minor” in subsection (a).