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Decree And Order Of Appointment Of Conservator Form. This is a Massachusetts form and can be use in Probate And Family Court Statewide.
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Tags: Decree And Order Of Appointment Of Conservator, MPC 730, Massachusetts Statewide, Probate And Family Court
DECREE AND ORDER OF
APPOINTMENT OF CONSERVATOR
Docket No.
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Division
In the Interests of:
First Name
Middle Name
Last Name
Protected Person
After hearing on the Petition for Appointment of Conservator filed on
The Court finds the requirements of G.L. c. 190B, §5-407(b) have been met and a basis exists for the conservatorship.
The Court appoints the following person(s) as Conservator(s) (hereafter "Conservator") of the Protected Person who
a minor.
a disabled person.
is
1. Name:
First Name
(Address)
Last Name
M.I.
(Apt, Unit, No. etc.)
(City/Town)
(State)
(Zip)
Primary Phone #:
2. Name:
First Name
(Address)
Last Name
M.I.
(Apt, Unit, No. etc.)
(City/Town)
(State)
(Zip)
Primary Phone #:
The appointment of a Conservator is not a determination of incapacity of the Protected Person.
Except as limited below, the Conservator shall have:
All powers over the property and business affairs of the Protected Person which are or may be necessary for the best
interest of the Protected Person and the Protected Person's immediate family pursuant to G. L. c. 190B, §§5-423(c)
(1-7) & (14-24) (unless otherwise limited by this Decree).
The following additional powers for minor Protected Persons pursuant to G. L. c. 190B, §5-407(c). (See Separate
Findings):
The following additional powers for adult Protected Persons pursuant to G. L. c. 190B, §5-407(d), counsel having
been appointed and a substituted judgment having been made (See Separate Findings):
The above powers and duties of the Conservator are limited by the following restrictions:
MPC 730 (7/7/11)
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Docket No.
In the Interests of:
First Name
Middle Name
Last Name
The powers and duties of the Conservator DO NOT include those powers retained by the Protected Person as set
forth in Exhibit A which is incorporated and merged herein.
The Court orders the following:
1. The Conservator shall file with the Court a Conservator's Inventory within ninety (90) days of this appointment unless
otherwise ordered by this Court.
2.
The Conservator shall file with the Court a Conservator's Plan for managing, expending and distributing the assets of
the Protected Person's estate with the Court on or by
.
(date)
3. The Conservator shall file with the Court a Conservator's Account one year from the date of this appointment unless
otherwise ordered by the Court and annually thereafter until the Conservator's appointment is terminated unless
otherwise ordered by the Court. The first Account of the Conservator must be presented for allowance within
fifteen (15) months of the date of this Decree unless otherwise ordered by the Court.
Forms are available at the Court's Registry office or online at the Court's Web site:
http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/upc.html
4. The Conservator(s) shall serve:
without surety on his, her or their bond:
because the person has a priority of appointment under G. L. c. 190B, §5-409(a)(1) and the person nominating
the Conservator expressly waived the requirement.
for the following good cause:
with personal or corporate surety on his, her or their bond in the amount of
pursuant to G.L. c. 190B, §5-410.
NO LETTERS OF CONSERVATORSHIP SHALL ISSUE UNTIL THE BOND IS FILED AND APPROVED.
5. The appointment of counsel in this matter, if any, shall terminate upon the entry of this Decree unless otherwise ordered
by this Court.
6. The Court grants the following additional powers including those powers enumerated at G. L. c. 190B, §§5-423(c) (8-13)
specified below:
7.
The parties shall comply with a stipulation or agreement of the parties dated
which is filed with the Court and expressly made a part of this Decree and Order.
(date)
8. If this conservatorship was issued on the basis of minority, the conservatorship shall terminate when the protect person
attains majority.
MPC 730 (7/7/11)
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Docket No.
In the Interests of:
First Name
Middle Name
Last Name
9. The Court further orders:
Date
JUSTICE OF THE PROBATE AND FAMILY COURT
MPC 730 (7/7/11)
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Docket No.
In the Interests of:
First Name
Middle Name
Last Name
SUSPENSION, TERMINATION OR MODIFICATION DECREE OF CONSERVATOR'S APPOINTMENT
The appointment of
as Conservator has been:
(name)
SUSPENDED and a Special Conservator has been appointed this date (see separate Order). The authority of
the Conservator is suspended during the time the Special Conservator is appointed.
TERMINATED (See separate Order).
MODIFIED (See separate Order).
Date
JUSTICE OF THE PROBATE AND FAMILY COURT
This appointment has been:
REINSTATED as of the date of this Order.
TERMINATED (See separate Order).
MODIFIED (See separate Order).
Date
JUSTICE OF THE PROBATE AND FAMILY COURT
This appointment has been:
SUSPENDED as a Special Conservator has been appointed this date (see separate Order). The authority of
the Conservator is suspended during the time the Special Conservator is appointed.
TERMINATED (See separate Order).
MODIFIED (See separate Order).
Date
JUSTICE OF THE PROBATE AND FAMILY COURT
This appointment has been:
REINSTATED as of the date of this Order.
TERMINATED (See separate Order).
MODIFIED (See separate Order).
Date
JUSTICE OF THE PROBATE AND FAMILY COURT
MPC 730 (7/7/11)
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