MUPC Article V procedural outline - A. Venue

The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases. This outline does not cover guardianship of minors matters.

Guardianships: 5105(a) (2)

Determined by:

1. the county where the alleged incapacitated person resides at the time the proceeding is commenced. Residence is distinguished from current address on the Petition and the filing should not be based on the current address but on the current residence;
2. the county in which the will was or could be probated in the case of a nomination by the will of a parent or spouse;
3. the county where the facility is located in the case of a person admitted to a facility pursuant to 111,70E,ⁱ which specifically includes a hospital;
4. the county of their current address if the person is alleged to be homeless.

Conservatorship Actions: 5105(a) (3)

Determined by:

1. the county where the person to be protected resides at the time the proceeding is commenced;
2. the county where the property of the protected person is located if the protected person resides outside the Commonwealth.

ⁱ 111:70E: “As used in this section, "facility" shall mean any hospital, institution for the care of unwed mothers, clinic, infirmary maintained in a town, convalescent or nursing home, rest home, or charitable home for the aged, licensed or subject to licensing by the department; any state hospital operated by the department; any "facility" as defined in section three of chapter one hundred eleven B ["Facility", any public or private place, or portion thereof, providing services especially designed for the detoxification of intoxicated persons or alcoholics]; any private, county or municipal facility, department or ward which is licensed or subject to licensing by the department of mental health pursuant to section nineteen of chapter nineteen; or by the department of mental retardation pursuant to section fifteen of chapter nineteen B; any "facility" as defined in section one of chapter one hundred and twenty three ["Facility", a public or private facility for the care and treatment of mentally ill persons, except for the Bridgewater State Hospital.]; the Soldiers Home in Holyoke, the Soldiers' Home in Massachusetts; and any facility set forth in section one of chapter nineteen [The department shall have supervision and control of all hospitals, comprehensive centers and clinics, and other mental health facilities established within the department and, subject to appropriation, may further develop additional state hospitals, comprehensive centers and clinics, or other mental health facilities under commonwealth operation…The department shall designate those facilities to which persons may be committed or admitted as patients under the provisions of chapter one hundred and twenty three] or section one of chapter nineteen B [The department shall have supervision and control of' all mental retardation facilities established within the department and, subject to appropriation, may further develop additional mental retardation facilities under commonwealth operation or, subject to appropriation, may contract with any private agency furnishing complementary or community mental retardation services].”