Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
Understanding Guardianship vs. Conservatorship in Maine
In Maine, a guardianship covers personal decisions for an incapacitated person (health care, living arrangements), while a conservatorship manages the person’s financial affairs. Both are governed by the Maine Uniform Probate Code, Title 18-C. Guardianship is found at 18-C §5-301, and conservatorship at 18-C §5-201.
1. Determine the Need
Start by assessing whether your relative lacks capacity to manage personal or financial matters. Capacity may be impaired by illness, disability, or age. Guardianship or conservatorship is appropriate when less restrictive tools—like powers of attorney or health care proxies—are unavailable or insufficient.
2. Obtain and Complete Probate Court Forms
Visit the probate court in the county where the person resides. Under 18-C §3-101, venue lies in the county of residence. Request the petition packet for guardianship/conservatorship, or download it from the Maine Judicial Branch website.
3. Medical and Capacity Evaluations
Maine law requires a recent physician’s or qualified professional’s report on the person’s functional abilities. See 18-C §5-203. Attach this certification to your petition.
4. Filing and Serving Notice
File the signed petition with the probate court clerk and pay the filing fee. Under 18-C §3-204, you must notify the proposed ward, spouse, adult children, nearest relative, and any person having custody or control of the person’s property. Serve notice by certified mail or as the court directs.
5. Appointment of a Guardian ad Litem and Investigation
The court often appoints a guardian ad litem to represent the respondent’s interests. This investigator interviews the person, reviews records, and reports to the judge before the hearing.
6. Court Hearing and Decision
At the hearing, the judge reviews evidence of incapacity, medical reports, and the guardian ad litem’s recommendations. If incapacity is proven by clear and convincing evidence, the judge issues an order appointing a guardian, conservator, or both, with powers tailored to the individual’s needs.
7. Post-Appointment Duties
Once appointed, guardians and conservators must comply with reporting and accounting requirements. Guardians must file annual statements on personal status; conservators must submit periodic accountings of the estate, per 18-C §5-405.
Helpful Hints
- Consider less restrictive alternatives first, such as durable powers of attorney or health care directives.
- Keep thorough records of all filings, notices, and court orders.
- Involve close family members early to reduce conflicts and objections.
- Be prepared for court-appointed fees, including guardian ad litem and professional evaluations.
- Understand that the court may limit the scope of your authority to protect the ward’s autonomy.