{"data":{"id":"us-ma/mass.-gen.-laws-ch.-190b-5-409","jurisdiction":"us-ma","citation":"Mass. Gen. Laws ch. 190B, § 5-409","heading":"Who may be appointed conservator; penalties","body":"Section 5–409. [Who May Be Appointed Conservator; Priorities.]\n(a) Subject to subsection (c), the court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:\n(1) Unless lack of qualification or other good cause dictates the contrary, a person nominated in the protected person's most recent durable power of attorney;\n(2) a conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;\n(3) an individual or corporation nominated by the protected person 14 or more years of age and of sufficient mental capacity to make an intelligent choice;\n(4) an agent appointed by the protected person under a durable power of attorney;\n(5) a parent of the protected person, or any parental nominee; and\n(6) any person deemed appropriate by the court.\n(b) The court, acting in the best interest of the protected person, may pass over a person having priority and appoint a person having a lower priority or no priority.\n(c) An owner, operator, or employee of a long-term care institution at which the protected person is receiving care or a paid caretaker may not be appointed as conservator unless related to the protected person by blood, marriage, or adoption.","path":["Part II","Title II","Chapter 190B"],"source_url":"https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section5-409","current_through":"amendments passed before May 31, 2026","vintage":"","retrieved_at":"2026-09-17T05:24:30Z","sha256":"5f7d6f95a92d2b8ea6506237c37676836ebc9b6bc43699b78b8b5e2ff35906e9","source_id":"us-ma","stale":false,"prev":"us-ma/mass.-gen.-laws-ch.-190b-5-408","next":"us-ma/mass.-gen.-laws-ch.-190b-5-410"},"notice":"GroundRules: Original legal text. Not legal advice."}