Section 3 Court appointed conservator, guardian of the estate, etc.; powers; nomination by principal - Massachusetts Statutes

[Text of section effective until July 1, 2009. Repealed by 2008, 521, Sec. 22. See 2008, 521, Sec. 44.]

Section 3. (a) If, following execution of a durable power of attorney, a court appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the property of the principal or all of his property except specified exclusions, the attorney in fact shall be accountable to such fiduciary as well as to the principal. Such fiduciary shall have the same power to revoke or amend the power of attorney that the principal would have had if such principal were not disabled or incapacitated.

(b) A principal may nominate, by a durable power of attorney, the conservator, guardian of his estate, or guardian of his person for consideration by the court, if protective proceedings for the person or estate of such principal are thereafter commenced. The court shall make its appointment in accordance with the most recent such nomination by the principal except for good cause or disqualification.