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MASSACHUSETTS STATUTES AND CODES

Section 2C Appointment of proxy or successor proxy of a minor; affidavit

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 Repealed by 2008, 521, Sec. 21.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

Section 2C. Upon the filing of a petition for the appointment of a proxy or a successor proxy, the court may appoint the proxy and successor proxy of the person or estate, or both, of a minor in accordance with the standards established under this chapter.

The petition may be accompanied by an affidavit, which may include the facts concerning (a) the consent of the minor’s parent or parents to the appointment of the proxy; (b) the willingness and ability of the minor’s parent or parents, if any, to make and carry out day-to-day child care decisions concerning the minor; and (c) the parent or parents’ wishes regarding future custodial arrangements and permanency planning for the minor. In all actions to appoint a proxy the parent’s or parents’ affidavits and any other papers, documents or reports filed in connection therewith shall not be available for inspection, unless a judge of the court where such orders are kept, for good cause shown, shall otherwise order. Such affidavits, papers, documents and record books shall be segregated. The parent or parents, or their attorney, shall have access to and the right to obtain copies of the affidavits, papers, documents, record books and judgment in actions pursuant to this chapter. The petitioner’s appearance in court shall not be required, if the petitioner is medically unable to appear, except upon motion and for good cause shown.

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