Section 5-408
(a)
Upon petition, after notice as provided in section 5–405 and hearing, and if a basis exists as described in section 5–401 for affecting the property and business affairs of a person, the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person. Protective arrangements include payment, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of tangible or intangible personal property; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or addition to or establishment of a suitable trust including a trust created under the uniform custodial trust act.
(b)
Upon petition, after notice as provided in section 5–405 and hearing, and if a basis exists as described in section 5–401 for affecting the property and business affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person's property and business affairs, including settlement of a claim, if the court determines that the transaction is in the best interest of the protected person.
(c)
Before approving a protective arrangement or other transaction under this section, the court shall consider the factors listed in section 5–407(e). The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
Comment
It is important that the provision be made for the approval of single transactions or the establishment of protective arrangements as alternatives to full conservatorship. Under present law, a conservatorship often must be established simply to make possible a valid transfer of land or securities. This section, consistent with the concept of a limited conservatorship, eliminates the necessity of the establishment of long-term arrangements in this situation.
Massachusetts comment
This section is intended to provide authority for approval of single transactions or an alternative to a full conservatorship. It may be useful for execution of a disclaimer, contract for life care of the person to be protected or appointment of a special conservator to pursue a tort claim, none of which may involve continuing management of property. Note that sale of real estate may be authorized not by this procedure, but under G.L. c. 202.