Mass. General Laws c.190B § 5-212

Resignation, removal, and other post-appointment proceedings

This is an unofficial version of a Massachusetts General Law. For more information on this topic, please see Law about guardianship.

Updates

Amended by St.2020, c.339, effective April 12, 2021.

(a)

Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.

(b)

Notice of hearing on a petition for an order subsequent to appointment of a guardian shall be given to the ward, the guardian, the parents of the ward, provided that the parental rights have not been terminated or a voluntary surrender has not been signed, and any other person as ordered by the court.

(c)

After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate, including appointment of a successor guardian.

(d)

For proceedings pursuant to a petition to remove a guardian of a minor child, the guardian shall have the right to counsel; provided, however, that the court shall make a determination that the guardian has been the primary caretaker for the child for at least 2 years or for an otherwise significant period of time during the child’s lifetime. This period of time may include caretaking provided during or prior to the guardianship. The court shall inform a guardian of the right to counsel pursuant to this subsection and shall appoint counsel if the guardian satisfies the requirements for indigency pursuant to section 2A of chapter 211D.

Last updated:	January 15, 2021