MA S490

Allows family members to petition the court for visitation rights when a family caregiver unreasonably prevents them from visiting a frail elderly individual (defined as an adult over 60 who cannot perform at least 2 activities of daily living or requires substantial supervision due to cognitive impairment)

Courts must consider factors including the elderly individual's functional impairment, previously expressed visitation preferences, history of visitation with the petitioner, and opinions of family members and caregivers

Visitation shall not be granted if the frail elderly individual has capacity and expresses a desire not to see the petitioner, or if visitation is not in their best interests

Courts may appoint a guardian ad litem for the frail elderly individual, and must appoint one if the individual does not appear at the hearing; petitioner pays guardian compensation unless the caregiver is found to have acted maliciously

Family caregivers may be ordered to notify petitioners of the elderly individual's hospitalization, admission to a healthcare facility, change of residence, or death; personal service required at least 14 days before hearings