Mass. General Laws c.190B § 5-402

Protective proceedings; jurisdiction of business affairs of protected persons

This is an unofficial version of a Massachusetts General Law.

Section 5-402

After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has:

• (1) exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated; and
• (2) exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of the commonwealth shall be managed, expended, or distributed to or for the use of the protected person, the protected person's dependents, or other claimants.

Comment

While the bulk of all judicial proceedings involving the conservator will be in the court supervising the conservatorship, third parties may bring suit against the conservator or the protected person on some matters in other courts. Claims against the conservator after appointment are dealt with by § 5-427.

Massachusetts comment

A conservator must record his or her appointment or other protective order in the registry of deeds in any county where the protected person owns real estate. § 5-420. See G.L. c. 201, § 10.