Mass. General Laws c.190B § 5-409

Who may be appointed conservator; penalties

This is an unofficial version of a Massachusetts General Law.

Section 5-409

(a)

Subject to subsection (c), the court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:

• (1) Unless lack of qualification or other good cause dictates the contrary, a person nominated in the protected person's most recent durable power of attorney;
• (2) a conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;
• (3) an individual or corporation nominated by the protected person 14 or more years of age and of sufficient mental capacity to make an intelligent choice;
• (4) an agent appointed by the protected person under a durable power of attorney;
• (5) a parent of the protected person, or any parental nominee; and
• (6) any person deemed appropriate by the court.

(b)

The court, acting in the best interest of the protected person, may pass over a person having priority and appoint a person having a lower priority or no priority.

(c)

An owner, operator, or employee of a long-term care institution at which the protected person is receiving care or a paid caretaker may not be appointed as conservator unless related to the protected person by blood, marriage, or adoption.