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HOUSE DOCKET, NO. 2162 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1623
The Commonwealth of Massachusetts
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PRESENTED BY:
David Paul Linsky
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act further regulating the appointment of certain guardians.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David Paul Linsky5th Middlesex1/19/2023 1 of 2
HOUSE DOCKET, NO. 2162 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1623
By Representative Linsky of Natick, a petition (accompanied by bill, House, No. 1623) of David
Paul Linsky relative to further regulating the appointment of certain guardians by the Probate
Court. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1733 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act further regulating the appointment of certain guardians.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 5-305 of chapter 190B of the General Laws, is hereby amended by
2striking out subsections (c) and (d) and inserting in place thereof the following subsection:-
3 (c) Except as provided in subsection (b), the following, if suitable, are entitled to the
4presumption that they are the proper person for appointment as guardian of an incapacitated
5person by the court in the order listed; provided, however, that such presumption may be
6rebutted by the introduction of competent evidence:
7
8 (1)the spouse of the incapacitated person or a person nominated by will of a
9deceased spouse or by other writing signed by the spouse and attested to by at least 2 witnesses; 2 of 2
10 (2)the parent or parents of the incapacitated person, or a person nominated pursuant
11to section 5-301; and
12 (3)any person the court deems appropriate.
13 A spouse, parent or parents wishing to designate a third party to serve as guardian of such
14person may freely elect to do so without prejudice. In such instances, the party so designated
15shall be presumed to the proper person to be appointed by the court. Such presumption may be
16rebutted by the introduction of competent evidence.