Section 2D Commencement of authority of proxy of a minor; duration - Massachusetts Statutes

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 Repealed by 2008, 521, Sec. 21.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

Section 2D. The proxy’s authority to act shall commence upon; (i) the death of the minor’s parent or parents; (ii) the consent of the minor’s parent or parents; or (iii) the incapacity of the minor’s parent or parents to make and carry out day-to-day child care decisions concerning the minor for whom the proxy has been appointed, as established by the written certification of a licensed physician.

Immediately upon the death or consent of the minor’s parent or parents, or upon the written certification of incapacity as established by a licensed physician, the proxy shall assume all duties as proxy of the minor as previously determined by the order appointing the proxy.

The proxy shall not be valid unless accompanied by the dated consent form, physician’s letter or death certificate. The proxy of the minor shall have the authority to act as a guardian of the minor without direction of the court for a period of up to ninety consecutive days, provided that the authority of the proxy may be limited or terminated by a court of competent jurisdiction.

Upon the commencement of authority of the proxy, pursuant to the consent of the minor’s parent or parents, such authority shall not, itself, divest the parent or parents of any parental or guardianship rights, but shall confer upon the proxy concurrent authority with respect to the minor. Within ninety consecutive days of the commencement of authority of the proxy, the proxy shall file or cause to be filed, pursuant to section two, a petition for the appointment of a guardian of the person or estate, or both, of the minor.