Section 5-304
(a)
In a proceeding for the appointment of a guardian or conservator or for protective order, notice shall be given by the petitioner to:
- (1) the person alleged to be incapacitated or the person to be protected, if 14 or more years of age, and the person's spouse and children, or, if none, parents, brothers and sisters, or, if none, heirs apparent or presumptive;
- (2) any person who is serving as guardian, conservator, or who has the care or custody of the person or with whom the person has resided during the 60 days (exclusive of any period of hospitalization or institutionalization) preceding the filing of the petition;
- (3) in case no other person is notified under paragraph (1), at least one of the nearest adult relatives, if any can be found;
- (4) all other persons named in the petition;
- (5) if the person is alleged to be mentally retarded, to the department of developmental services;
- (6) the United States veteran's administration or its successor, if the person is entitled to any benefit, estate or income paid or payable by or through said administration or its successor; and
- (7) any other person as directed by the court.
(b)
Notice of hearing on a petition for an order subsequent to appointment of a guardian or conservator shall be given to the incapacitated person, person to be protected, the guardian, the conservator and any other person as ordered by the court.
(c)
Notice shall be served personally on the person alleged to be incapacitated or the person to be protected. In all other cases, required notices shall be given as provided in section 1–401.
(d)
A person alleged to be incapacitated or person to be protected may not waive notice.
Comment
It may be noted that personal service is not necessary for the required notice to a minor age 14 or over under § 5-206 governing proceedings seeking a court-appointed guardian for a minor. In this connection, it should be observed that the instant section, rather than § 5-206, governs if the petition seeks to establish that a minor is incapacitated for reasons other than minority and so is in need of a guardian who will continue to serve in spite of the person's attainment of majority. See § 5-210 and compare § 5-310.
Massachusetts comment
In section (a)(1) heirs apparent or presumptive have been added to make this section incorporate all requirements of G.L. c. 201, § 7. This section is made applicable to conservatorship proceedings by § 5-405. Domestic partners should be afforded notice by sub-section (a)(2) the application of which has also been expanded by not counting periods of hospitalization or institutionalization in computing the period of residence.
Chapter 140 of the Acts of 2012 removed reference to “temporary guardian or temporary conservator” in subsection (a) since notice in such instances is provided for in 5-308(c) and 5-412A(d) and inserted “, if 14 or more years of age, and the person’s,” in place of the words “and his” in subsection (a)(1).