Section 21 Temporary conservator; appointment; removal; discharge - Massachusetts Statutes

[Text of section effective until July 1, 2009. Repealed by 2008, 521, Sec. 21. See 2008, 521, Sec. 44.]

Section 21. Upon the petition of a person of mental weakness or of a friend or upon the petition of the department of public welfare, or upon the petition or with the written assent of a person who by reason of physical incapacity is unable to properly care for his property, the probate court may, if it finds that the welfare of the person of mental weakness or physical incapacity requires the immediate appointment of a temporary conservator of his property, appoint such temporary conservator, with or without notice, and may in like manner remove or discharge him or terminate the trust. A temporary conservator shall have the same powers and duties as a permanent conservator and may proceed and continue in the execution thereof, notwithstanding an appeal from the decree appointing him, until it is otherwise ordered by the supreme judicial court, or until the appointment of a permanent conservator or guardian or until the trust is otherwise legally terminated. He shall be subject to all laws relative to permanent conservators so far as applicable. No separate petition shall be necessary for the appointment of a temporary conservator and, except as specified herein, the procedures relative to filing, notice, hearings and related matters normally incident to equitable proceedings and relief prior to final decree shall apply to these proceedings, and the principles of equity normally applicable to the issuance, denial, and expiration of orders for temporary or preliminary relief shall also apply.