Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 25 (2026)

Guardian or conservator; appointment

✓ current as of July 2026

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Section 25. In addition to the periodic review under section four of this chapter, whenever the superintendent has reason to believe that a person who has been under the care of the department as an inpatient or resident for more than six months, who is not under guardianship or conservatorship, is unable to care for his property, he shall promptly notify said person's nearest living relative and recommend that the necessary steps be taken for the appointment of a guardian or a conservator.

Notes of Decisions

Cited in 5 cases, 1975–2015 · leading case: Rogers v. Comm'r of the Dep't of Mental Health, 458 N.E.2d 308 (Mass. 1983).

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Rogers v. Comm'r of the Dep't of Mental Health, 458 N.E.2d 308 (Mass. 1983). · cites it 2× “A judge may order the civil commitment of a person after a hearing only if he finds that the person is mentally ill and that the person’s failure to be committed would create a likelihood of serious harm.”

Guardianship of Roe, 421 N.E.2d 40 (Mass. 1981). “G. L. c. 123, § 25. 16 It has been suggested that the substituted judgment determination as it has been formulated in our cases “is only a ‘legal fiction’ when used for never-competent persons, because it is impossible to ascertain what such persons think is in their own best…”

Commonwealth v. Gibbons, 393 N.E.2d 400 (Mass. 1979). “See G. L. c. 123, § 25; G. L. c. 233, § 20. Compare United States v.”

Boyd v. Bd. of Registrars of Voters of Belchertown, 334 N.E.2d 629 (Mass. 1975). “G. L. c. 123, § 25. See Walker, Mental Health Law Reform in Massachusetts, 53 B.”

Walter E. Fernald Corp. v. The Governor, 31 N.E.3d 47 (Mass. 2015). “” G. L. c. 123, § 25 (1921 ed.). As the Land Court judge perceived, the developments of 1917 through 1921, while modifying the management of the school, did not diminish the status of the corporation as an independent entity.”

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