Section 5-304 Notice in guardianship or conservatorship proceeding - Massachusetts Statutes

[Text of section added by 2008, 521, Sec. 9 effective July 1, 2009. See 2008, 521, Sec. 44.]

Section 5-304. [Notice in Guardianship or Conservatorship Proceeding.]

(a) In a proceeding for the appointment of a guardian or conservator or for protective order, and if notice is required in a proceeding for appointment of a temporary guardian or temporary conservator, notice shall be given by the petitioner to:

(1) the person alleged to be incapacitated or the person to be protected and his spouse and children, or, if none, parents, brothers and sisters, or, if none, heirs apparent or presumptive;

(2) any person who is serving as guardian, conservator, or who has the care or custody of the person or with whom the person has resided during the 60 days (exclusive of any period of hospitalization or institutionalization) preceding the filing of the petition;

(3) in case no other person is notified under paragraph (1), at least one of the nearest adult relatives, if any can be found;

(4) all other persons named in the petition;

(5) if the person is alleged to be mentally retarded, to the department of developmental services;

(6) the United States veteran’s administration or its successor, if the person is entitled to any benefit, estate or income paid or payable by or through said administration or its successor; and

(7) any other person as directed by the court.

(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian or conservator shall be given to the incapacitated person, person to be protected, the guardian, the conservator and any other person as ordered by the court.

(c) Notice shall be served personally on the person alleged to be incapacitated or the person to be protected. In all other cases, required notices shall be given as provided in section 1-401.

(d) A person alleged to be incapacitated or person to be protected may not waive notice.