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Current as of January 01, 2025 | Updated by Findlaw Staff
[Removal or Resignation of Guardian; Termination of Incapacity.]
(a) On petition of the incapacitated person or any person interested in the incapacitated person's welfare, the court, after notice and hearing, may remove a guardian if the person under guardianship is no longer incapacitated or for other good cause. On petition of the guardian, the court, after hearing, may accept a resignation.
(b) The incapacitated person or any person interested in the welfare of the incapacitated person may petition for an order that the person is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court.
(c) Upon removal, resignation, or death of the guardian, or if the guardian is determined to be incapacitated or disabled, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian, or ordering that a person's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the incapacitated person that apply to a petition for appointment of a guardian.
Cite this article: FindLaw.com - Massachusetts General Laws Part II. Real and Personal Property and Domestic Relations (Ch. 183-210) Ch. 190B, § 5-311 - last updated January 01, 2025 | https://codes.findlaw.com/ma/part-ii-real-and-personal-property-and-domestic-relations-ch-183-210/ma-gen-laws-ch-190b-sect-5-311/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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