Section 5-401
(a)
Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a limited or unlimited conservator or make any other protective order for cause as provided in this section.
(b)
Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money, real property or personal property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for support and education and that protection is necessary or desirable to obtain or provide money.
(c)
Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person who is disabled for reasons other than minority if the court determines that:
- (1) the person is unable to manage property and business affairs effectively because of a clinically diagnosed impairment in the ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate technological assistance, or because the individual is detained or otherwise unable to return to the United States; and
- (2) the person has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, and welfare of the person or those entitled to the person's support and that protection is necessary or desirable to obtain or provide money.
Comment
This is the basic section of this Part providing for protective proceedings for minors and disabled persons. “Protective proceeding” is a generic term used to describe proceedings to establish conservatorships and obtain protective orders. Persons who may be subjected to the proceedings described here include a broad category of persons who, for a variety of different reasons, may be unable to manage their own property.
Since the problems of property management are generally the same for minors and disabled persons, it was thought undesirable to treat these problems in two separate parts. Where there are differences, these have been separately treated in specific sections.
The Comment to § 5-306, supra, points up the different meanings of “incapacity” (warranting guardianship) and “disability.”
The concept of conservatorship includes both limited and unlimited conservatorships.
Massachusetts comment
This section refers to the appointment of a conservator and identifies situations requiring the management of assets rather than the person. G.L. c. 201, § 16 (Conservators) and § 10 (Spendthrift Guardian) addressed such cases in less specific terms. Chapter 200 on estates of absentees is not affected.
Conservatorship and guardianship proceedings may be consolidated for hearing, However, separate petitions should be filed. See § 1-302(d).