§5-101. Short title Parts 1, 2, 3, 4 and 5 of this Article may be known and cited as “the Maine Uniform Guardianship, Conservatorship and Protective Proceedings Act.” [PL 2019, c. 417, Pt. A, §8 (AMD).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). […]
§5-102. Definitions As used in this Article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Adult. “Adult” means an individual at least 18 years of age or an emancipated individual under 18 years […]
§5-103. Facility of transfer 1. Transfer of money or personal property to minor. Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, […]
§5-104. Subject matter jurisdiction 1. Jurisdiction; minors. Except to the extent that jurisdiction is precluded by the Uniform Child Custody Jurisdiction and Enforcement Act and Title 4, section 152, subsection 5‑A, the court has jurisdiction over a guardianship for a minor domiciled or present in this State. The court has jurisdiction over a conservatorship or […]
§5-105. Transfer of proceeding 1. Guardianship or conservatorship subject to transfer provisions. This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of Part 6, subpart 3. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. […]
§5-106. Venue 1. Guardianship proceeding for minor. Venue for a guardianship proceeding for a minor is in: A. The county or division of this State in which the minor, the petitioner or a parent or guardian of the child resides or is present at the time the proceeding commences; or [PL 2017, c. […]
§5-107. Practice in court 1. Rules. Except as otherwise provided in this Act, the Maine Rules of Probate Procedure, the Maine Rules of Civil Procedure and the Maine Rules of Evidence, including rules concerning appellate review, govern a proceeding under this Act. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, […]
§5-108. Letters of office 1. Guardian; letters of office. On a guardian’s filing of an acceptance of appointment, the court shall issue appropriate letters of office. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Conservator; letters of office. On a conservator’s filing of an acceptance […]
§5-109. Effect of acceptance of appointment A guardian or conservator that accepts appointment submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, […]
§5-110. Coguardian; coconservator 1. Appointment at any time. The court at any time may appoint a coguardian or coconservator to serve immediately or when a designated future event occurs. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Acceptance of appointment. A coguardian or coconservator appointed […]
§5-111. Judicial appointment of successor guardian or successor conservator 1. Appointment of successor by court. The court at any time may appoint a successor guardian or successor conservator to serve immediately or when a designated future event occurs. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] […]
§5-112. Effect of death, removal or resignation of guardian or conservator 1. Termination. Appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator or when the court approves a resignation of the guardian or conservator under subsection 2. [PL 2017, c. 402, Pt. A, §2 (NEW); PL […]
§5-113. Notice of hearing 1. Notice by movant. If notice of a hearing under this Act is required, the movant shall give notice of the date, time and place of the hearing to the person to be notified unless otherwise ordered by the court for good cause. Except as otherwise provided in this Act, notice […]
§5-114. Waiver of notice 1. Waiver by person. Except as otherwise provided in subsection 2, a person may waive notice under this Act in a record signed by the person or the person’s attorney and filed in the proceeding. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 […]
§5-115. Guardian ad litem At any stage of a proceeding under this Act, the court may appoint a guardian ad litem for an individual to identify and represent the individual’s best interest or perform other duties if the court determines the individual’s interest otherwise would not be adequately represented. If a conflict of interest or […]
§5-116. Request for notice A person that is interested in the welfare of a respondent, individual subject to guardianship or conservatorship or individual subject to a protective arrangement instead of guardianship or conservatorship and that is not otherwise entitled to notice under this Act may file a request with the court for notice. The court […]
§5-117. Disclosure of bankruptcy or criminal history 1. Disclosure; petition. As part of the petition to be appointed a guardian or conservator, the petitioner shall disclose to the court whether the proposed guardian or conservator: A. Is or has been a debtor in a bankruptcy, insolvency or receivership proceeding; or [PL 2017, c. […]
§5-118. Multiple appointments or nominations If a respondent or other person makes more than one appointment or nomination of a guardian or a conservator, the latest in time governs. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION HISTORY PL 2017, c. 402, Pt. A, §2 […]
§5-119. Compensation and expenses; in general 1. Attorney for respondent. Unless the court has made a finding that the respondent is indigent and has appointed an attorney for the respondent on that basis, an attorney for a respondent in a proceeding under this Act is entitled to reasonable compensation and reimbursement of reasonable expenses from […]
§5-120. Liability of guardian or conservator for act of individual subject to guardianship or conservatorship A guardian or conservator is not personally liable to a 3rd person for the act of an individual subject to guardianship or conservatorship solely by reason of the guardianship or conservatorship. [PL 2017, c. 402, Pt. A, §2 (NEW); […]
