The petitioners maintain that this is not the case, however, because G.L.c. 201B must be read in conjunction with G.L.c. 201, which governs the appointment of temporary and permanent guardians and affords the Probate Court broad discretion in deciding such matters. New England Merchants Natl. Bank v. Spillane, 14 Mass. App. Ct. 685, 693 (1982). They argue that under c. 201, it is the best interests of the ward, rather than his previously expressed wishes, that should govern the appointment of a permanent guardian and that, accordingly, a court must always evaluate the suitability of a potential guardian, even one nominated pursuant to c. 201B.
Id. The court then ruled that "appointing Chantal Jennings as guardian of Denise Nathanson would not be in the best interests of the ward." Id. (citingKing v. Dolan, 255 Mass. 236, 237 (1926); New Eng. Merchs. Nat'l Bank v. Spillane, 14 Mass. App. Ct. 685, 693 (1982)). The interests of Mrs. Nathanson were best served, concluded the court, by the appointment of an independent guardian.
"[I]n the appointment of a guardian, '[a] probate judge has substantial discretion.'" Wood v. Tuohy, 67 Mass.App.Ct. 335, 345 (2006), quoting New England Merchants Nat'l Bank v. Spillane, 14 Mass.App.Ct. 685, 693 (1982). See also G. L. c. 190B, § 5-425 (judge may confer or limit conservator's powers).
In addition, the person appointed must be found to be suitable to serve as guardian." New England Merchants Nat. Bank v. Spillane, 14 Mass. App. Ct. 685, 693 (1982) (citations omitted). We see no reason that such discretion should be less when exercised in the appointment of a conservator.
Paired with a ward, as the term is commonly used, is a protector, be that a guardian, conservator or court. By way of example, "ward" is used in the General Laws in connection with the appointment of guardians of minors (G.L.c. 201, § 2), appointment of testamentary guardians (G.L.c. 201, § 3), guardianship of a spendthrift (G.L.c. 201, § 11), termination of the guardianship of a mentally ill or retarded person or spendthrift (G.L.c. 201, § 13), appointment of temporary guardians (G.L.c. 201, § 14), appointment of conservators (G.L.c. 201, § 16), and discharge of a conservator (G.L. c. 201, § 18). Similar conjunctions of "ward" with legally created supervisory capacity appear in the cases, e.g., Jones v. Maguire, 221 Mass. 315, 316 (1915); Russell v. Lovell, 362 Mass. 794 (1973); Guardianship of Roe, 383 Mass. 415, 417 (1981); Guardianship of Linda, 401 Mass. 783 (1988); In the Matter of Schenck, 12 Mass. App. Ct. 532 (1981); and New England Merchants Natl. Bank v. Spillane, 14 Mass. App. Ct. 685, 694 (1982). Dictionary definitions of "ward" describe a minor or an incompetent person placed under protection by order of a court, at least in a legal context, and the context in which we are examining the word is in a document designed to prescribe legal rights and obligations.
See and compare Wellesley College v. Attorney Gen., 313 Mass. 722, 731 (1943); New England Merchs. Natl. Bank v. Spillane, 14 Mass. App. Ct. 685, 687-688 (1982), and cases cited. 2.
conservator or court. By way of example, 'ward' is used in the General Laws in connection with the appointment of guardians of minors (G.L.c. 201, § 2), appointment of testamentary guardians (G.L.c. 201, § 3), guardianship of a spendthrift (G.L.c. 201, § 11), termination of the guardianship of a mentally ill or retarded person or spendthrift (G.L.c. 201, § 13), appointment of temporary guardians (G.L.c. 201, § 14), appointment of conservators (G.L.c. 201, § 16), and discharge of a conservator (G.L.c. 201, § 18). Similar conjunctions of 'ward' with legally created supervisory capacity appear in the cases, e.g., Jones v. Maguire, 221 Mass. 315, 316 (1915); Russell v. Lovell, 362 Mass. 794 (1973); Guardianship of Roe, 383 Mass. 415, 417 (1981); Guardianship of Linda, 401 Mass. 783 (1988); In the Matter of Schenck, 12 Mass. App. Ct. 532 (1981); and New England Merchants Nat'l Bank v. Spillane, 14 Mass. App. Ct. 685, 694 (1982)." Pisani, 29 Mass. App. Ct. at 964-965.