MUPC Article V procedural outline - R. Guardians, health care agents, and durable power holders powers

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.

A guardian, without authorization of the Court, may not revoke a health care proxy of which the incapacitated person is the principal. If a health care proxy is in effect, absent an order of the Court to the contrary, a healthcare decision of the agent takes precedence over that of a guardian. 5309(e)

On the other hand, a DPOA agent is accountable to a conservator and the conservator has power to revoke or amend the DPOA. 5-503

A person nominated in a DPOA (but not a HCP) has priority for appointment as guardian or conservator. 5305(b), 5409(a) (1). G.L. c. 201B, §3. A nomination in a DPOA may include a request that the guardian and/or conservator bond be without sureties.