General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS |
TITLE II. DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS |
CHAPTER 190B. MASSACHUSETTS UNIFORM PROBATE CODE |
ARTICLE V. PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY |
SECTION 5-422. Persons dealing with conservators; protection
-
Section 5–422. [Persons Dealing With Conservators; Protection.]
(a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court order as provided in section 5–407 is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator shall not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators which are endorsed on letters as provided in section 5–425 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.
(b) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitution for protection provided by comparable provisions of the law relating to commercial transactions or to simplifying transfers of securities by fiduciaries.