Section 5-307 Bond; acceptance of appointment; consent to jurisdiction - Massachusetts Statutes

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

Section 5-307. [Bond; Acceptance of Appointment; Consent to Jurisdiction.]

(a) Prior to receiving letters, a guardian shall accept appointment by filing a bond conditioned upon faithful discharge of all duties of the trust according to law and containing a statement of acceptance of the duties of the office. By accepting a parental or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the guardian at the guardian’s address listed in the court records and to the address then known to the petitioner.

(b) A surety shall be required on the bond of a guardian of an incapacitated person unless the court determines that it is in the best interest of the incapacitated person to waive the surety or to require additional sureties. Language in a durable power of attorney or health care proxy waiving the guardian’s bond shall be deemed to be a request for waiver of any necessity of sureties on a bond.

(c) The requirements and provisions of section 5-411 apply to guardians appointed under this part.