Section 5-301
(a)
A parent, by will or other writing signed by the parent and attested by at least 2 witnesses, may nominate a guardian for an unmarried adult child who the parent believes is an incapacitated person, may revoke or amend the nomination, and may specify any desired limitations on the powers to be granted to the guardian.
(b)
An individual by will or other writing signed by the individual and attested by at least 2 witnesses, may nominate a guardian for his spouse who the individual believes is an incapacitated person, may revoke or amend the nomination, and may specify any desired limitations on the powers to be granted to the guardian.
Massachusetts comment
The UPC self-executing parental or spousal appointment of a guardian is not adopted. Instead, the section provides for appointment by the Court after nomination by a parent or spouse and observance of customary procedure. See § 5-303. Nevertheless, this version sets forth a clearer and simpler method for parental nomination than recently enacted G.L. c. 201, §§ 2A to 2H, without taxing scarce court resources and extends the concept to incapacitated persons of any age, not just minors. This section adopts the language of Uniform Guardianship and Protective Proceedings Act, March 1997 Draft with the additional requirement of 2 attesting witnesses for a non-testamentary appointment of guardian.