USA Statutes : maine
Title : Title 18-A. PROBATE CODE
Chapter : Article V. Protection of Persons under Disability and Their Property
Title 18-A - §5-101. Definitions and use of terms
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 1: GENERAL PROVISIONS
§5-101. Definitions and use of terms
Unless otherwise apparent from the context, in this Code:
[1979, c. 540, §1 (new).]
(1) "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness
or disability, chronic use of drugs, chronic intoxication, or other cause except minority to the extent that he lacks sufficient
understanding or capacity to make or communicate responsible decisions concerning his person;
[1979, c. 540, §1 (new).]
(1-A) The "best interest of the child" is determined according to this subsection.
(a) In determining the best interest of the child the court shall consider the following factors:
(1) The wishes of the party or parties as to custody;
(2) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference;
(3) The child's primary caregiver;
(4) The bonding and attachment between each party and the child;
(5) The interaction and interrelationship of the child with a party or parties, siblings and any other person who may significantly
affect the child's best interest;
(6) The child's adjustment to home, school and community;
(7) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(8) The permanence, as a family unit, of the existing or proposed home;
(9) The mental and physical health of all individuals involved;
(10) The child's cultural background;
(11) The capacity and disposition of the parties to give the child love, affection and guidance and to continue educating
and raising the child in the child's culture and religion or creed, if any;
(12) The effect on the child of the actions of an abuser if related to domestic violence that has occurred between the parents
or other parties; and
(13) All other factors having a reasonable bearing on the physical and psychological well-being of the child.
[2005, c. 371, §1 (new).]
(b) The court may not consider any one of the factors set out in paragraph (a) to the exclusion of all others;
[2005, c. 371, §1 (new).]
[2005, c. 371, §1 (new).]
(1-B) "De facto guardian" means an individual with whom, within the 24 months immediately preceding the filing of a petition under
section 5-204, subsection (d), a child has resided for the following applicable period and during which period there has been
a demonstrated lack of consistent participation by the parent or legal custodian:
(a) If the child at the time of filing the petition is under 3 years of age, 6 months or more, which need not be consecutive;
or
[2005, c. 371, §1 (new).]
(b) If the child at the time of filing the petition is at least 3 years of age, 12 months or more, which need not be consecutive.
[2005, c. 371, §1 (new).]
"De facto guardian" does not include an individual who has a guardian's powers delegated to the individual by a parent or
guardian of a child under section 5-104, adopts a child under Article 9 or has a child placed in the individual's care under
Title 22, chapter 1071;
[2005, c. 371, §1 (new).]
(1-C) "Demonstrated lack of consistent participation" means refusal or failure to comply with the duties imposed upon a parent
by the parent-child relationship, including but not limited to providing the child necessary food, clothing, shelter, health
care, education, a nurturing and consistent relationship and other care and control necessary for the child's physical, mental
and emotional health and development.
In determining whether there has been a demonstrated lack of consistent participation in the child's life by the parent or
legal custodian, the court shall consider at least the following factors:
(a) The intent of the parent, parents or legal custodian in placing the child with the person petitioning as a de facto guardian;
[2005, c. 371, §1 (new).]
(b) The amount of involvement the parent, parents or legal custodian had with the child during the parent's, parents' or legal
custodian's absence;
[2005, c. 371, §1 (new).]
(c) The facts and circumstances of the parent's, parents' or legal custodian's absence;
[2005, c. 371, §1 (new).]
(d) The parent's, parents' or legal custodian's refusal to comply with conditions for retaining custody set forth in any previous
court orders; and
[2005, c. 371, §1 (new).]
(e) Whether the nonconsenting parent, parents or legal custodian was previously prevented from participating in the child's
life as a result of domestic violence or child abuse or neglect.
[2005, c. 371, §1 (new).]
Serving as a member of the United States Armed Forces may not be considered demonstration of lack of consistent participation;
[2005, c. 371, §1 (new).]
(2) A "protective proceeding" is a proceeding under the provisions of section 5-401 to determine that a person cannot effectively
manage or apply his estate to necessary ends, either because he lacks the ability or is otherwise inconvenienced, or because
he is a minor, and to secure administration of his estate by a conservator or other appropriate relief;
[1979, c. 540, §1 (new).]
(3) A "protected person" is a minor or other person for whom a conservator has been appointed or other protective order has
been made;
[1979, c. 540, §1 (new).]
(4) A "ward" is a person for whom a guardian has been appointed. A "minor ward" is a minor for whom a guardian has been appointed
solely because of minority.
[1979, c. 540, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2005,
Ch. 371,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-102. Jurisdiction of subject matter; consolidation of proceedings
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 1: GENERAL PROVISIONS
§5-102. Jurisdiction of subject matter; consolidation of proceedings
(a) The court has exclusive jurisdiction over guardianship proceedings and has jurisdiction over protective proceedings to the
extent provided in section 5-402.
[1979, c. 540, §1 (new).]
(b) When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the
proceedings may be consolidated.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-103. Facility of payment or delivery
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 1: GENERAL PROVISIONS
§5-103. Facility of payment or delivery
Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding
$5,000 per year, by paying or delivering the money or property to (1) the minor, if married; (2) any person having the care
and custody of the minor with whom the minor resides; (3) a guardian of the minor; or (4) a financial institution incident
to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the
minor. This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been
appointed or proceedings for appointment of a conservator of the estate of the minor are pending. Persons who pay or deliver
money or property in accordance with the provisions of this section are not responsible for actions taken by another after
payment or delivery. The persons, other than the minor or any financial institution under (4) above, receiving money or property
for a minor, are obligated to apply the money to the support and education of the minor, but may not pay themselves except
by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. Any excess sums
must be preserved for future support of the minor and any balance not so used and any property received for the minor must
be turned over to the minor when the minor attains majority. Prior to distribution, the custodian of the money or property
shall account to the court and the minor.
[1991, c. 641, §1 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1991,
Ch. 641,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-104. Delegation of powers by parent or guardian
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 1: GENERAL PROVISIONS
§5-104. Delegation of powers by parent or guardian
(a) A parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another
person, for a period not exceeding 6 months, any of that parent's or guardian's powers regarding care, custody or property
of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. A delegation by a court appointed
guardian becomes effective only when the power of attorney is filed with the court.
[1997, c. 455, §7 (new).]
(b) Notwithstanding subsection (a), unless otherwise stated in the power of attorney, if the parent or guardian is a member
of the National Guard or Reserves of the United States Armed Forces under an order to active duty for a period of more than
30 days, a power of attorney that would otherwise expire is automatically extended until 30 days after the parent or guardian
is no longer under those active duty orders or until an order of the court so provides.
This subsection applies only if the parent or guardian's service is in support of:
(1) An operational mission for which members of the reserve components have been ordered to active duty without their consent;
or
[1997, c. 455, §7 (new).]
(2) Forces activated during a period of war declared by Congress or a period of national emergency declared by the President
or Congress.
[1997, c. 455, §7 (new).]
[2003, c. 583, §2 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1979,
Ch. 690,
§17
(AMD).
PL 1997,
Ch. 455,
§7
(RPR).
PL 2003,
Ch. 583,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-105. Limited guardianships
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 1: GENERAL PROVISIONS
§5-105. Limited guardianships
In any case in which a guardian can be appointed by the court, the judge may appoint a limited guardian with fewer than all
of the legal powers and duties of a guardian. The specific duties and powers of a limited guardian shall be enumerated in
the decree or court order. A person for whom a limited guardian has been appointed retains all legal and civil rights except
those which have been suspended by the decree or order.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-201. Status of guardian of minor; general
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-201. Status of guardian of minor; general
A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship
status continues until terminated, without regard to the location from time to time of the guardian and minor ward. This
section does not apply to permanency guardians appointed in District Court child protective proceedings. If a minor has a
permanency guardian, the court may not appoint another guardian without leave of the District Court in which the child protective
proceeding is pending.
[2005, c. 372, §1 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2005,
Ch. 372,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-202. Testamentary appointment of guardian of minor
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-202. Testamentary appointment of guardian of minor
The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section
5-203, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is
probated, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are
dead, an effective appointment by the parent who died later has priority. This State recognizes a testamentary appointment
effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile. Upon
acceptance of appointment, written notice of acceptance must be given by the guardian to the minor and to the person having
his care, or to his nearest adult relation.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-203. Objection by minor of 14 or older to testamentary appointment
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-203. Objection by minor of 14 or older to testamentary appointment
A minor of 14 or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause
a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection
to the appointment before it is accepted or within 30 days after notice of its acceptance. An objection may be withdrawn.
An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee, or any other suitable
person.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-204. Court appointment of guardian of minor; conditions for appointment
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-204. Court appointment of guardian of minor; conditions for appointment
The court may appoint a guardian or coguardians for an unmarried minor if:
[1995, c. 623, §1 (rpr).]
(a) All parental rights of custody have been terminated or suspended by circumstance or prior court order;
[1995, c. 623, §1 (new).]
(b) Each living parent whose parental rights and responsibilities have not been terminated or the person who is the legal custodian
of the unmarried minor consents to the guardianship and the court finds that the consent creates a condition that is in the
best interest of the child;
[2005, c. 371, §2 (amd).]
(c) The person or persons whose consent is required under subsection (b) do not consent, but the court finds by clear and convincing
evidence that the person or persons have failed to respond to proper notice or a living situation has been created that is
at least temporarily intolerable for the child even though the living situation does not rise to the level of jeopardy required
for the final termination of parental rights, and that the proposed guardian will provide a living situation that is in the
best interest of the child; or
[2005, c. 371, §2 (amd).]
(d) The person or persons whose consent is required under subsection (b) do not consent, but the court finds by a preponderance
of the evidence that there is a de facto guardian and a demonstrated lack of consistent participation by the nonconsenting
parent or legal custodian of the unmarried minor. The court may appoint the de facto guardian as guardian if the appointment
is in the best interest of the child.
[2005, c. 371, §2 (new).]
div>
A guardian appointed by will as provided in section 5-202 whose appointment has not been prevented or nullified under section
5-203 has priority over any guardian who may be appointed by the court but the court may proceed with an appointment upon
a finding that the testamentary guardian has failed to accept the testamentary appointment within 30 days after notice of
the guardianship proceeding.
[1995, c. 623, §1 (new).]
div>
If a proceeding is brought under subsection (c) or subsection (d), the nonconsenting parent or legal custodian is entitled
to court-appointed legal counsel if indigent. In a contested action, the court may also appoint counsel for any indigent
de facto guardian, guardian or petitioner when a parent or legal custodian has counsel.
[2005, c. 371, §2 (amd).]
div>
If a proceeding is brought under subsection (b), subsection (c) or subsection (d), the court may order a parent to pay child
support in accordance with Title 19-A, Part 3. When the Department of Health and Human Services provides child support enforcement
services, the Commissioner of Health and Human Services may designate employees of the department who are not attorneys to
represent the department in court if a hearing is held. The commissioner shall ensure that appropriate training is provided
to all employees who are designated to represent the department under this paragraph.
[2005, c. 371, §2 (amd).]
div>
If the court appoints a limited guardian, the court shall specify the duties and powers of the guardian, as required in section
5-105, and the parental rights and responsibilities retained by the parent of the minor.
[1995, c. 623, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1995,
Ch. 623,
§1
(RPR).
PL 1999,
Ch. 46,
§1
(AMD).
PL 2001,
Ch. 554,
§2
(AMD).
PL 2003,
Ch. 689,
§B6,7
(REV).
PL 2005,
Ch. 371,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-205. Court appointment of guardian of minor; venue
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-205. Court appointment of guardian of minor; venue
The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-206. Court appointment of guardian of minor; qualifications; priority of minor's nominee
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-206. Court appointment of guardian of minor; qualifications; priority of minor's nominee
The court may appoint as guardian any person, or as coguardians more than one person, whose appointment is in the best interest
of the minor. The court shall set forth in the order of appointment the basis for determining that the appointment is in the
best interest of the minor. The court shall appoint a person nominated by the minor, if the minor is 14 years of age or older,
unless the court finds the appointment contrary to the best interest of the minor. The court may not appoint a guardian for
a minor child who will be removed from this State for the purpose of adoption.
[2005, c. 371, §3 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1993,
Ch. 686,
§13
(AFF).
PL 1993,
Ch. 686,
§2
(AMD).
PL 2005,
Ch. 371,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-207. Court appointment of guardian of minor; procedure
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-207. Court appointment of guardian of minor; procedure
(a) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the
petitioner in the manner prescribed by court rule under section 1-401 to:
(1) The minor, if he is 14 or more years of age;
[1979, c. 540, §1 (new).]
(2) The person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition;
and
[1979, c. 540, §1 (new).]
(3) Any living parent of the minor.
[1979, c. 540, §1 (new).]
[1979, c. 540, §1 (new).]
(b) Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been
given, the requirements of section 5-204 have been met, and the welfare and best interests of the minor will be served by
the requested appointment, it shall make the appointment. In other cases the court may dismiss the proceedings, or make any
other disposition of the matter that will best serve the interest of the minor.
[1979, c. 540, §1 (new).]
(c) If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor, but the authority
of a temporary guardian may not last longer than 6 months, except as provided in subsection (c-1).
Notice of hearing on the petition for the appointment of a temporary guardian must be served as provided under subsection
(a), except that the notice must be given at least 5 days before the hearing, and notice need not be given to any person whose
address and present whereabouts are unknown and can not be ascertained by due diligence. Upon a showing of good cause, the
court may waive service of the notice of hearing on any person, other than the minor, if the minor is at least 14 years of
age.
[2003, c. 583, §3 (amd).]
(c-1) If one of the parents of a minor is a member of the National Guard or the Reserves of the United States Armed Forces under
an order to active duty for a period of more than 30 days, a temporary guardianship that would otherwise expire is automatically
extended until 30 days after the parent is no longer under those active duty orders or until an order of the court so provides.
This subsection applies only if the parent's service is in support of:
(1) An operational mission for which members of the reserve components have been ordered to active duty without their consent;
or
[2003, c. 583, §4 (new).]
(2) Forces activated during a period of war declared by Congress or a period of national emergency declared by the President
or Congress.
[2003, c. 583, §4 (new).]
[2003, c. 583, §4 (new).]
(d) If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented,
it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen
years of age or older.
[1979, c. 540, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1999,
Ch. 303,
§1
(AMD).
PL 2003,
Ch. 583,
§3,4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-208. Consent to service by acceptance of appointment; notice
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-208. Consent to service by acceptance of appointment; notice
By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court
in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall
be delivered to the guardian, or mailed to him by ordinary mail at his address as listed in the court records and to his address
as then known to the petitioner. Letters of guardianship must indicate whether the guardian was appointed by will or by court
order.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-209. Powers and duties of guardian of minor
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-209. Powers and duties of guardian of minor
A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of a minor and
unemancipated child, except that a guardian is not legally obligated to provide from the guardian's own funds for the ward
and is not liable to 3rd persons by reason of the parental relationship for acts of the ward. In particular, and without qualifying
the foregoing, a guardian has the following powers and duties.
[1993, c. 349, §40 (rpr).]
(a) The guardian must take reasonable care of the ward's personal effects and commence protective proceedings if necessary to
protect other property of the ward.
[1991, c. 719, §1 (amd).]
(b) The guardian may receive money payable for the support of the ward to the ward's parent, guardian or custodian under the
terms of any statutory benefit or insurance system, or any private contract, devise, trust, conservatorship or custodianship.
The guardian also may receive money or property of the ward paid or delivered by virtue of section 5-103. Any sums so received
must be applied to the ward's current needs for support, care and education. The guardian must exercise due care to conserve
any excess for the ward's future needs unless a conservator has been appointed for the estate of the ward, in which case excess
must be paid over at least annually to the conservator. Sums so received by the guardian may not be used for compensation
for the guardian's services except as approved by order of court or as determined by a duly appointed conservator other than
the guardian. If there is no conservator, the excess funds must be turned over to the minor when the minor attains majority.
A guardian may institute proceedings to compel the performance by any person of a duty to support the ward or to pay sums
for the welfare of the ward.
[1993, c. 349, §41 (rpr).]
(c) The guardian is empowered to facilitate the ward's education, social or other activities and to give or withhold consents
or approvals related to medical, health or other professional care, counsel, treatment or service for the ward. The guardian
is empowered to withhold or withdraw life-sustaining treatment as set forth in section 5-312, subsection (a), paragraph (3).
A guardian is not liable by reason of such giving or withholding of consent for injury to the ward resulting from the negligence
or acts of 3rd persons unless it would have been illegal for a parent to have so given or withheld consent. A guardian may
consent to the marriage or adoption of the ward.
[1995, c. 378, Pt. B, §1 (amd).]
(d) A guardian must report the condition of the ward and the ward's estate that has been subject to that guardian's possession
or control, as ordered by court on petition of any person interested in the minor's welfare or as required by court rule.
If the guardian has received any funds pursuant to section 5-103, the guardian shall account to the court and the minor regarding
how the funds were expended prior to the termination of that person's responsibilities as guardian.
[1993, c. 349, §41 (rpr).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1991,
Ch. 641,
§2,3
(AMD).
PL 1991,
Ch. 719,
§1
(AMD).
PL 1993,
Ch. 349,
§40,41
(AMD).
PL 1995,
Ch. 378,
§B1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-210. Termination of appointment of guardian; general
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-210. Termination of appointment of guardian; general
A guardian's authority and responsibility terminates upon the death, resignation or removal of the guardian or upon the minor's
death, adoption, marriage or attainment of majority, but termination does not affect his liability for prior acts, nor his
obligation to account for funds and assets of his ward. Resignation of a guardian does not terminate the guardianship until
it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is
later denied probate in a formal proceeding.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-211. Proceedings subsequent to appointment; venue
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-211. Proceedings subsequent to appointment; venue
(a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance
of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship.
[1979, c. 540, §1 (new).]
(b) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which
proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another
state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the
other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian
must be sent to the court in which acceptance of appointment is filed.
[2005, c. 371, §4 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2005,
Ch. 371,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-212. Resignation or removal proceedings
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 2: GUARDIANS OF MINORS
§5-212. Resignation or removal proceedings
(a) Any person interested in the welfare of a ward, or the ward, if 14 or more years of age, may petition for removal of a guardian
on the ground that removal would be in the best interest of the ward. A guardian may petition for permission to resign.
A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.
[1979, c. 540, §1 (new).]
(b) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship
and make any further order that may be appropriate.
[1979, c. 540, §1 (new).]
(c) If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented,
it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14
or more years of age.
[1979, c. 540, §1 (new).]
(d) The court may not terminate the guardianship in the absence of the guardian's consent unless the court finds by a preponderance
of the evidence that the termination is in the best interest of the ward. The petitioner has the burden of showing by a preponderance
of the evidence that termination of the guardianship is in the best interest of the ward. If the court does not terminate
the guardianship, the court may dismiss subsequent petitions for termination of the guardianship unless there has been a substantial
change of circumstances.
[2005, c. 371, §5 (amd).]
(e) In a contested action, the court may appoint counsel for any indigent guardian or petitioner.
[2005, c. 371, §6 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1995,
Ch. 623,
§2
(NEW).
PL 2005,
Ch. 371,
§5,6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-301. Testamentary appointment of guardian for incapacitated person
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-301. Testamentary appointment of guardian for incapacitated person
(a) The parent of an incapacitated person may by will appoint a guardian of the incapacitated person. A testamentary appointment
by a parent becomes effective when, after having given 7 days prior written notice of his intention to do so to the incapacitated
person and to the person having his care or to his nearest adult relative, the guardian files acceptance of appointment in
the court in which the will is formally or informally probated, if prior thereto both parents are dead or the surviving parent
is judged incapacitated, and if the incapacitated person is not under the care of his spouse. If both parents are dead, an
effective appointment by the parent who died later has priority unless it is terminated by the denial of probate in formal
proceedings.
[1979, c. 540, §1 (new).]
(b) The spouse of a married incapacitated person may by will appoint a guardian of the incapacitated person. The appointment
becomes effective when, after having given 7 days prior written notice of his intention to do so to the incapacitated person
and to the person having his care or to his nearest adult relative, the guardian files acceptance of appointment in the court
in which the will is informally or formally probated. An effective appointment by a spouse has priority over an appointment
by a parent unless it is terminated by the denial of probate in formal proceedings.
[1979, c. 540, § 1 (new).]
(c) This State shall recognize a testamentary appointment effected by filing acceptance under a will probated at the testator's
domicile in another state.
[1979, c. 540, § 1 (new).]
(d) On the filing with the court in which the will was probated of written objection to the appointment by the person for whom
a testamentary appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment
by the court in a proper proceeding of the testamentary nominee or any other suitable person upon an adjudication of incapacity
in proceedings under the succeeding sections of this Part.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-302. Venue
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-302. Venue
The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides
or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction,
venue is also in the county in which that court sits.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-303. Procedure for court appointment of a guardian of an incapacitated person
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-303. Procedure for court appointment of a guardian of an incapacitated person
(a) The incapacitated person or any person interested in his welfare may petition for a finding of incapacity and appointment
of a guardian. The person nominated to serve as guardian shall file a plan which, where relevant, shall include, but not
be limited to, the type of proposed living arrangement for the ward, how the ward's financial needs will be met, how the ward's
medical and other remedial needs will be met, how the ward's social needs will be met and a plan for the ward's continuing
contact with relatives and friends.
[1985, c. 440, §§1, 13 (amd).]
(b) Upon the filing of a petition, the court shall set a date for hearing on the issues of incapacity and unless the allegedly
incapacitated person is already represented by an attorney, the court shall appoint one or more of the following: a visitor,
a guardian ad litem or an attorney to represent the allegedly incapacitated person in the proceeding. If it comes to the
court's attention that the allegedly incapacitated person wishes to contest any aspect of the proceeding or to seek any limitation
of the proposed guardian's powers, the court shall appoint an attorney to represent the allegedly incapacitated person. The
cost of this appointment of the visitor, guardian ad litem or attorney must be paid from the estate of the allegedly incapacitated
person if the court is satisfied sufficient funds are available. The person alleged to be incapacitated must be examined
by a physician or by a licensed psychologist acceptable to the court who shall submit a report in writing to the court, providing
diagnoses, a description of the person's actual mental and functional limitations and prognoses.
[1995, c. 203, §1 (amd).]
(c) If appointed, the visitor or guardian ad litem shall interview the allegedly incapacitated person and the person who is
seeking appointment as guardian, and visit the present place of abode of the person alleged to be incapacitated and the place
it is proposed that the person will reside if the requested appointment is made. The visitor or guardian ad litem shall submit
a report in writing to the court. The visitor or guardian ad litem shall explain the meaning and possible consequences of
the requested appointment to the allegedly incapacitated person and inquire if the person wishes to attend the hearing, to
contest any aspect of the proceeding or to seek any limitation of the proposed guardian's powers. If the visitor or guardian
ad litem determines that the person wants to contest any issue or seek a limited appointment and that the person does not
have counsel of that person's own choice, the visitor or guardian ad litem shall so indicate in the written report to the
court. The person alleged to be incapacitated is entitled to be present at the hearing in person, and to see and hear all
evidence bearing upon the person's condition. The person alleged to be incapacitated is entitled to be represented by counsel,
to present evidence, to cross-examine witnesses, including the physician, the visitor and the guardian ad litem. The issue
may be determined at a closed hearing if the person alleged to be incapacitated or the person's counsel so requests.
[1995, c. 203, §1 (amd).]
(d) Except as otherwise provided by law, all reports and plans required by this section shall be submitted to the court, and
all parties of record, at least 10 days before any hearing on the petition.
[1985, c. 440, §§1, 13 (new).]
(e) When there has been an allegation of abuse, neglect or exploitation of an allegedly incapacitated person in a petition or
other papers filed with the court, the court may hear the testimony of the allegedly incapacitated person in chambers with
only the guardian ad litem and counsel present if the statements made are a matter of record.
[1989, c. 858, §2 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1983,
Ch. 176,
§A7
(AMD).
PL 1983,
Ch. 241,
§1
(AMD).
PL 1983,
Ch. 816,
§A8
(AMD).
PL 1985,
Ch. 440,
§1,13
(AMD).
PL 1989,
Ch. 858,
§2
(AMD).
PL 1993,
Ch. 652,
§1
(AMD).
PL 1995,
Ch. 203,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-304. Findings; order of appointment
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-304. Findings; order of appointment
(a) The court shall exercise the authority conferred in Parts 3 and 6 so as to encourage the development of maximum self reliance
and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated
person's actual mental and adaptive limitations or other conditions warranting the procedure.
[1985, c. 440, §§2, 13 (new).]
(b) The court may appoint a guardian or coguardians as requested if it is satisfied that the person for whom a guardian is sought
is incapacitated, that the appointment is necessary or desirable as a means of providing continuing care and supervision of
the person of the incapacitated person and, if the allegedly incapacitated person has not attended the hearing, that an inquiry
has been made as to whether that person wished to attend the hearing. Alternatively, the court may dismiss the proceeding
or enter any other appropriate order.
[2003, c. 323, §1 (amd).]
(c) In its order, the court may make separate findings of fact and conclusions of law. If a party requests separate findings
and conclusions, within 5 days of notice of the decision, the court shall make them.
[1985, c. 440, §§2, 13 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1979,
Ch. 690,
§18
(AMD).
PL 1985,
Ch. 440,
§2,13
(RPR).
PL 2003,
Ch. 323,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-305. Acceptance of appointment; consent to jurisdiction
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-305. Acceptance of appointment; consent to jurisdiction
By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the
guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian
or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-306. Termination of guardianship for incapacitated person
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-306. Termination of guardianship for incapacitated person
The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward,
the determination of incapacity of the guardian, or upon removal or resignation as provided in section 5-307. Testamentary
appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination
does not affect his liability for prior acts nor his obligation to account for funds and assets of his ward.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-307. Removal or resignation of guardian; termination of incapacity
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-307. Removal or resignation of guardian; termination of incapacity
(a) On petition of the ward or any person interested in his welfare, the court may remove a guardian and appoint a successor
if in the best interests of the ward. On petition of the guardian, the court may accept his resignanation and make any other
order which may be appropriate.
[1979, c. 540, §1 (new).]
(b) The ward or any person interested in his welfare may petition for an order that he is no longer incapacitated, and for removal
or resignation of the guardian. A request for this order may be made by informal letter to the court or judge and any person
who knowingly interferes with transmission of this kind of request to the court or judge may be adjudged guilty of contempt
of court.
[1979, c. 690, § 19 (amd).]
(c) Before removing a guardian, accepting the resignation of a guardian, or ordering that a ward's incapacity has terminated,
the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian,
may send a visitor to the residence of the present guardian and to the place where the ward resides or is detained, to observe
conditions and report in writing to the court.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1979,
Ch. 690,
§19
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-308. Visitor in guardianship proceedings
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-308. Visitor in guardianship proceedings
A visitor is, with respect to guardianship proceedings, a person who is trained in law, nursing, social work, or has other
significant qualifications that make him suitable to perform the function, and is an officer, employee or special appointee
of the court with no personal interest in the proceedings.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-309. Notices in guardianship proceedings
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-309. Notices in guardianship proceedings
(a) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of a
temporary guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the following:
(1) The ward or the person alleged to be incapacitated and the ward's or person's spouse, parents, adult children and any domestic
partner known to the court;
[2003, c. 672, §9 (amd).]
(2) Any person who is serving as his guardian, conservator or who has his care and custody; and
[1979, c. 540, §1 (new).]
(3) In case no other person is notified under paragraph (1), at least one of his closest adult relatives or, if none, an adult
friend, if any can be found.
[1985, c. 440, §§3, 13 (amd).]
[2003, c. 672, §9 (amd).]
(b) Notice shall be served personally on the ward or the allegedly incapacitated person at least 14 days before the date of
the hearing. Waiver of notice by the ward or the person alleged to be incapacitated is not effective unless he attends the
hearing or his waiver of notice is confirmed by his counsel or by his guardian ad litem or in an interview with the visitor.
Representation of the ward or the allegedly incapacitated person by a guardian ad litem is not mandatory. The court may order
that the petition and hearing notice be served by the visitor.
[1985, c. 656, §1 (rpr).]
(c) Notice to the spouse, adult children, domestic partner and parents required by subsection (a) must be served by certified
mail, with restricted delivery and return receipt requested, at least 14 days before the date of the hearing.
If the certified mail to the spouse or domestic partner is not delivered and that person can be found within the State, notice
must be served personally on that person.
If the certified mail to the spouse or domestic partner is not delivered, that person can not be found within the State and
the certified mail is not delivered to any adult children, notice must be served personally on an adult child who can be found
within the State.
If the certified mail to the spouse or domestic partner and adult children is not delivered, the spouse or domestic partner
and all adult children can not be found within the State and the certified mail is not delivered to any parent, notice must
be served personally on a parent who can be found within the State.
If no spouse, domestic partner, adult child or parent is served by certified mail or personally, notice to the closest adult
relative required by subsection (a) must be served by certified mail, with restricted delivery and return receipt requested.
If the certified mail to the adult relative is not delivered and the adult relative can be found within the State, notice
must be served personally on the adult relative. If no adult relative is served by certified mail or personally, notice to
an adult friend required by subsection (a) must be served by certified mail, with restricted delivery and return receipt requested.
If the certified mail to the adult friend is not delivered and the adult friend can be found within the State, notice must
be served personally on the adult friend.
Notice required by subsection (a) to any person serving as a guardian or conservator or who has a person's care and custody
must be served by certified mail, with restricted delivery and return receipt requested.
Except as otherwise provided in this section, notice must be given as prescribed by court rule under section 1-401.
[2003, c. 672, §10 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1985,
Ch. 440,
§3-5,13
(AMD).
PL 1985,
Ch. 656,
§1,2
(AMD).
PL 2003,
Ch. 672,
§9,10
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-310-A. Temporary guardians
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-310-A. Temporary guardians
(a) When a person alleged to be incapacitated has no guardian and an emergency exists and no other person appears to have authority
to act in the circumstances, upon appropriate petition, the court may exercise the power of a guardian or may enter an ex
parte order appointing a temporary guardian to address the emergency. A petition for temporary guardianship must be accompanied
by an affidavit that sets forth the factual basis for the emergency and the specific powers requested by the proposed guardian.
In the order and in the letters of temporary guardianship, the court shall specify the powers and duties of the temporary
guardian, limiting the powers and duties to those necessary to address the emergency.
[1993, c. 652, §3 (new).]
(a-1) If the court takes action to exercise the powers of a guardian or to appoint a temporary guardian under subsection (a),
then the court, within 2 days, excluding Saturdays, Sundays and legal holidays, of taking the action, shall appoint a visitor
or a guardian ad litem to visit the allegedly incapacitated person and make a report to the court within 10 days of the appointment
of the visitor or guardian ad litem. The visitor or guardian ad litem shall serve the allegedly incapacitated person with
a copy of the order appointing the temporary guardian and shall explain the meaning and consequences of the appointment.
The visitor or guardian ad litem shall inquire of the allegedly incapacitated person whether that person wishes to contest
any aspect of the temporary guardianship or seek any limitation of the temporary guardian's powers. The visitor or guardian
ad litem shall advise the allegedly incapacitated person of that person's right to contest the temporary guardianship by requesting
a hearing under subsection (b) and shall advise the allegedly incapacitated person of that person's right to be represented
in the proceeding by counsel of that person's own choice or by counsel appointed by the court. The visitor or guardian ad
litem shall also interview the temporary guardian, except in cases where the court itself has taken action to exercise the
powers of a temporary guardian. In the report to the court, the visitor or guardian ad litem shall inform the court that
the allegedly incapacitated person has received a copy of the order appointing the temporary guardian. The visitor or guardian
ad litem shall advise the court as to whether the allegedly incapacitated person wishes to contest any aspect of the temporary
guardianship or seek a limitation of the temporary guardian's powers and whether the allegedly incapacitated person is already
represented by counsel. The visitor or guardian ad litem shall also advise the court whether any issue exists with respect
to whether the appointment of the temporary guardian is in the allegedly incapacitated person's best interest.
[1997, c. 35, §1 (amd).]
(b) If the court has exercised temporary guardianship powers or has issued an ex parte order under subsection (a), and if it
comes to the court's attention, through the report of the visitor or guardian ad litem or otherwise, that the allegedly incapacitated
person wishes to contest any aspect of the temporary guardianship or seek a limitation of the temporary guardian's powers,
or that an issue exists with respect to whether the temporary guardianship is in the allegedly incapacitated person's best
interest, the court shall hold an expedited hearing within 40 days of the entry of the ex parte order under subsection (a).
The court may continue the expedited hearing if the petitioner and the attorney for the allegedly incapacitated person, or,
if none, the visitor or the guardian ad litem, agree to such a continuance. The court may continue the hearing on its own
motion due to circumstances beyond the control of the court and the parties, provided the hearing is held within 60 days of
the signing of the ex parte order. If the appointment of a guardian is contested by the allegedly incapacitated person and
the person is not already represented by an attorney, the court shall appoint counsel to represent the allegedly incapacitated
person in the proceeding. The cost of the appointment of the visitor, guardian ad litem or attorney must be paid from the
estate of the allegedly incapacitated person if the court is satisfied that sufficient funds are available. At the hearing,
the petitioner has the burden of showing, by a preponderance of the evidence, that temporary guardianship continues to be
necessary to provide the person with continuing care, protection or support pending a final hearing. Notice of the expedited
hearing must be served as provided in section 5-309, except that the notice must be given at least 5 days before the expedited
hearing, and notice need not be served on any person whose address or present whereabouts is unknown and can not be ascertained
by due diligence. The court may waive service of the expedited hearing on any person, other than the allegedly incapacitated
person, upon a showing of good cause.
[1995, c. 203, §3 (amd).]
(c) At the expedited hearing, the court may render a judgment authorizing the temporary guardianship to continue for a period
not to exceed 6 months from the date of entry of the ex parte order. The temporary guardianship terminates on the date specified
in the order or, if no date is specified in the order, 6 months following the date of entry of the ex parte order or at any
prior time if the court determines the circumstances leading to the order for temporary guardianship no longer exist or if
a judgment following a hearing pursuant to section 5-303 has been entered.
[1995, c. 203, §3 (amd).]
(d) If the court denies the request for an ex parte order pursuant to subsection (a), the court may enter, in its discretion,
an order for an expedited hearing pursuant to subsection (b). If the petitioner requests the entry of an order of temporary
guardianship pursuant to subsection (a) without requesting an ex parte order, the court may hold an expedited hearing pursuant
to subsection (b).
[1993, c. 652, §3 (new).]
(e) If an appointed guardian is not effectively performing that guardian's duties and the court finds that the welfare of the
incapacitated person requires immediate action, it may appoint, with or without notice, a temporary guardian for the incapacitated
person for a specified period not to exceed 6 months.
[1993, c. 652, §3 (new).]
(f) A temporary guardian is entitled to the care and custody of the ward and the authority of any permanent guardian previously
appointed by the court is suspended as long as a temporary guardian has authority. A temporary guardian may not seek the
involuntary hospitalization of this ward in any institution outside the State. A temporary guardian may be removed at any
time. A temporary guardian shall make any report the court requires. In other respects, the provisions of this Code concerning
guardians apply to temporary guardians.
[1993, c. 652, §3 (new).]
(g) A petition for temporary guardianship may be brought before any judge if the judge of the county in which venue properly
lies is unavailable. If a judge, other than the judge of the county in which venue properly lies, acts on a petition for
temporary guardianship, that judge shall issue a written order and endorse upon it the date and time of the order. The judge
shall then immediately transmit or cause to be transmitted that order to the register of the county in which venue properly
lies. An order issued by a judge of a county, other than the county in which venue properly lies, is deemed to have been
entered in the docket on the date and at the time endorsed upon it.
[1993, c. 652, §3 (new).]
Section History:
PL 1993,
Ch. 652,
§3
(NEW).
PL 1995,
Ch. 203,
§2,3
(AMD).
PL 1997,
Ch. 35,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-310. Temporary guardians (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-310. Temporary guardians (REPEALED)
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1983,
Ch. 72,
§
(AMD).
PL 1983,
Ch. 620,
§
(AMD).
PL 1993,
Ch. 652,
§2
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-311. Who may be guardian; priorities
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-311. Who may be guardian; priorities
(a) Any competent person or a suitable institution may be appointed guardian of an incapacitated person, except as provided
in subsection (c).
[1979, c. 540, §1 (new).]
(b) Subject to a determination by the court of the best interests of the incapacitated person, persons who are not disqualified
have priority for appointment as guardian in the following order:
(1) The person or institution nominated in writing by the incapacitated person;
[1979, c. 540, §1 (new).]
(2) The spouse of the incapacitated person;
[1979, c. 540, §1 (new).]
(2-A) The domestic partner of the incapacitated person;
[2003, c. 672, §11 (new).]
(3) An adult child of the incapacitated person;
[1979, c. 540, §1 (new).]
(4) A parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent;
[1979, c. 540, §1 (new).]
(5) Any relative of the incapacitated person with whom he resided for more than 6 months prior to the filing of the petition;
[1979, c. 540, §1 (new).]
(6) A person nominated by the person who is caring for him or paying benefits to him.
[1979, c. 540, §1 (new).]
[2003, c. 672, §11 (amd).]
(c) No owner, proprietor, administrator, employee or other person with a substantial financial interest in a facility or institution
licensed under Title 22, sections 1817 and 7801, may act as guardian of an incapacitated person who is a resident, as defined
in Title 22, section 7852, subsection 13, unless the person requesting to be appointed guardian is one of the following:
(1) The spouse of the incapacitated person;
[1995, c. 51, §1 (new).]
(1-A) The domestic partner of the incapacitated person;
[2003, c. 672, §12 (new).]
(2) An adult child of the incapacitated person;
[1995, c. 51, §1 (new).]
(3) A parent of the incapacitated person or a person nominated by the will of a deceased parent; or
[1995, c. 51, §1 (new).]
(4) A relative of the incapacitated person with whom the incapacitated person has resided for more than 6 months prior to the
filing of the petition for appointment.
[1995, c. 51, §1 (new).]
[2003, c. 672, §12 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1985,
Ch. 770,
§1
(AMD).
PL 1995,
Ch. 51,
§1
(AMD).
PL 2001,
Ch. 596,
§B2
(AMD).
PL 2001,
Ch. 596,
§B25
(AFF).
PL 2003,
Ch. 672,
§11,12
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-312. General powers and duties of guardian
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-312. General powers and duties of guardian
(a) A guardian of an incapacitated person has the same powers, rights and duties respecting his ward that a parent has respecting
his unemancipated minor child, except that a guardian is not legally obligated to provide from his own funds for the ward
and is not liable to 3rd persons for acts of the ward solely by reason of the parental relationship. In particular, and without
qualifying the foregoing, a guardian has the following powers and duties, except as modified by order of the court:
(1) To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention
or commitment of the ward, he is entitled to custody of the person of his ward and may establish the ward's place of abode
within or without this State, and may place the ward in any hospital or other institution for care in the same manner as otherwise
provided by law.
[1979, c. 540, §1 (new).]
(2) If entitled to custody of his ward he shall make provision for the care, comfort and maintenance of his ward and, whenever
appropriate, arrange for his training and education. Without regard to custodial rights of the ward's person, he shall take
reasonable care of his ward's clothing, furniture, vehicles and other personal effects and commence protective proceedings
if other property of his ward is in need of protection.
[1979, c. 540, §1 (new).]
(3) A guardian may give or withhold consents or approvals related to medical or other professional care, counsel, treatment
or service for the ward. Except as authorized by a court of competent jurisdiction, a guardian shall make a health-care
decision in accordance with the ward's individual instructions, if any, and other wishes expressed while the ward had capacity
to the extent known to the guardian. Otherwise, the guardian shall make the decision in accordance with the guardian's determination
of the ward's best interest. In determining the ward's best interest, the guardian shall consider the ward's personal values
to the extent known to the guardian. A decision of a guardian to withhold or withdraw life-sustaining treatment is effective
without court approval unless the guardian's decision is made against the advice of the ward's primary physician and in the
absence of instructions from the ward made while the ward had capacity.
[1995, c. 378, Pt. B, §2 (amd).]
(4) If no conservator for the estate of the ward has been appointed, he may:
(i) Institute proceedings to compel any person under a duty to support the ward or to pay sums for the welfare of the ward
to perform his duty;
(ii) Receive money and tangible property deliverable to the ward and apply the money and property for support, care and education
of the ward; but, he may not use funds from his ward's estate for room and board which he, his spouse, parent, or child have
furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one of the
next of kin of the ward, if notice is possible. He must exercise care to conserve any excess for the ward's needs.
[1979, c. 540, §1 (new).]
(5) A guardian is required to report the condition of his ward and of the estate which has been subject to his possession or
control, as specified by the court at the time of the initial order or at the time of a subsequent order or as provided by
court rule.
The court on its own motion, or on the petition of any interested person, may appoint a visitor to review the guardian's report
and determine if appropriate provisions for the care, comfort and maintenance of his ward and for the care and protection
of his ward's property have been made. The visitor shall report his findings to the court in writing.
[1985, c. 440, §§6, 13 (amd).]
(6) If a conservator has been appointed, all of the ward's estate received by the guardian in excess of those funds expended
to meet current expenses for support, care, and education of the ward must be paid to the conservator for management as provided
in this code, and the guardian must account to the conservator for funds expended.
[1979, c. 540, §1 (new).]
[1995, c. 378, Pt. B, §2 (amd).]
(b) Any guardian of one for whom a conservator also has been appointed shall control the custody and care of the ward, and is
entitled to receive reasonable sums for his services and for room and board furnished to the ward as agreed upon between him
and the conservator, provided the amounts agreed upon are reasonable under the circumstances. The guardian may request the
conservator to expend the ward's estate by payment to 3rd persons or institutions for the ward's care and maintenance.
[1979, c. 540, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1985,
Ch. 440,
§6,13
(AMD).
PL 1991,
Ch. 719,
§2
(AMD).
PL 1995,
Ch. 378,
§B2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-313. Proceedings subsequent to appointment; venue
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 3: GUARDIANS OF INCAPACITATED PERSONS
§5-313. Proceedings subsequent to appointment; venue
(a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance
of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship.
[1979, c. 540, § 1 (new).]
(b) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which
proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another
state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the
other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation or removing a
guardian shall be sent to the court in which acceptance of appointment is filed.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-401. Protective proceedings
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-401. Protective proceedings
Upon petition and after notice and hearing in accordance with the provisions of this Part, the court may appoint a conservator,
coconservator or make other protective order for cause as follows.
[2003, c. 323, §2 (amd).]
(1) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the
court determines that a minor owns money or property that requires management or protection which cannot otherwise be provided,
has or may have business affairs which may be jeopardized or prevented by his minority, or that funds are needed for his support
and education and that protection is necessary or desirable to obtain or provide funds.
[1979, c. 540, §1 (new).]
(2) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if
the court determines that (i) the person is unable to manage his property and affairs effectively for reasons such as mental
illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention
by a foreign power, or disappearance; and (ii) the person has property which will be wasted or dissipated unless proper management
is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported by
him and that protection is necessary or desirable to obtain or provide funds.
[1979, c. 540, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2003,
Ch. 323,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-402. Protective proceedings; jurisdiction of affairs of protected persons
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-402. Protective proceedings; jurisdiction of affairs of protected persons
After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination
of the proceeding, the court in which the petition is filed has:
[1979, c. 540, § 1 (new).]
(1) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated;
[1979, c. 540, § 1 (new).]
(2) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this State shall
be managed, expended or distributed to or for the use of the protected person or any of his dependents;
[1979, c. 540, § 1 (new).]
(3) Concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and his
title to any property or claim.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-403. Venue
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-403. Venue
Venue for proceedings under this Part is:
[1979, c. 540, § 1 (new).]
(1) In the place in this State where the person to be protected resides whether or not a guardian has been appointed in another
place; or
[1979, c. 540, § 1 (new).]
(2) If the person to be protected does not reside in this State, in any place where he has property.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-404. Original petition for appointment or protective order
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-404. Original petition for appointment or protective order
(a) The person to be protected, any person who is interested in the estate, affairs or welfare of the person to be protected
including the parent, guardian, custodian or domestic partner of the person to be protected or any person who would be adversely
affected by lack of effective management of the property and affairs of the person to be protected may petition for the appointment
of a conservator or for other appropriate protective order.
[2003, c. 672, §13 (amd).]
(b) The petition shall contain such information and be in such form as the Supreme Judicial Court shall by rule provide.
[1979, c. 540, §1 (new).]
(c) A petition for a protective order made under oath may be used to initiate court consideration, accounting and remediation
of the actions of any individual responsible for the management of the property or affairs of another. In the case of an
emergency, the petition must be given priority scheduling by the court.
(1) The petition must include the following information and may include other information required by rule:
(i) Name, address and telephone number of the petitioner;
(ii) Name, address and telephone number of the principal;
(iii) Name, address and telephone number of the person with actual or apparent authority to manage the property or affairs
of the principal;
(iv) Facts concerning the extent and nature of the principal's inability to manage the principal's property or affairs effectively
and any facts supporting an allegation that an emergency exists;
(v) Facts concerning the extent and nature of the actual or apparent agent's lack of management of the principal's property
or affairs. If applicable, facts describing how the petitioner has already been adversely affected by the lack of management
of the principal's property or affairs; and
(vi) Names, addresses and relationships of all persons who are required to receive notice of the petition.
[2005, c. 283, §1 (new).]
(2) This subsection does not limit any other purpose for the use of a petition for a protective order or any other remedy available
to the court.
[2005, c. 283, §1 (new).]
[2005, c. 283, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2003,
Ch. 672,
§13
(AMD).
PL 2005,
Ch. 283,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-405. Notice
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-405. Notice
(a) On a petition for appointment of a conservator or other protective order or on a petition under section 5-416, the person
to be protected or the protected person must be served personally with notice of the proceeding at least 14 days before the
date of the hearing. Waiver by the person to be protected or the protected person is not effective unless he attends the
hearing or, unless minority is the reason for the proceeding, waiver is confirmed in an interview with the visitor. The court
may order that the petition and hearing notice be served by the visitor.
[1985, c. 656, §3 (rpr).]
(a-1) The spouse or domestic partner and all adult children of the person to be protected or the protected person or, if none,
the person's parents or closest adult relative or, if none, a friend must be given notice of the proceeding. Notice under
this subsection must be served by certified mail, restricted delivery and return receipt requested, at least 14 days before
the date of the hearing.
If the certified mail to the spouse or domestic partner is not delivered and that person can be found within the State, notice
must be served personally on that person.
If the certified mail to the spouse or domestic partner is not delivered, that person can not be found within the State and
the certified mail is not delivered to any adult children, notice must be served personally on an adult child who can be found
within the State.
If notice is served on the person's parents or closest adult relative and the certified mail is not delivered, notice must
be served personally on a parent or the adult relative if a parent or adult relative can be found within the State.
If notice is served on the person's friend and the certified mail is not delivered, notice must be served personally on the
friend if the friend can be found within the State.
Except as otherwise provided in this subsection and subsection (a), notice must be given as prescribed by court rule under
section 1-401.
[2003, c. 672, §14 (amd).]
(b) Notice of a petition for appointment of a conservator or other initial protective order, and of any subsequent hearing,
must be given to any person who has filed a request for notice under section 5-406 and to interested persons and other persons
as the court may direct. Except as otherwise provided in subsections (a) and (a-1), notice shall be given as prescribed by
court rule under section 1-401.
[1985, c. 656, §5 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1985,
Ch. 440,
§7,13
(AMD).
PL 1985,
Ch. 656,
§3-5
(AMD).
PL 2003,
Ch. 672,
§14
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-406. Protective proceedings; request for notice; interested person
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-406. Protective proceedings; request for notice; interested person
Any interested person who desires to receive notice of any filing, hearing or order in a protective proceeding may file a
demand for notice with the court, shall thereupon have notice of such demand given to any conservator who has been appointed,
and shall thereafter receive notice of every filing, notice or order to which the demand relates, in such manner and form
as the Supreme Judicial Court shall by rule provide. Any governmental agency paying or planning to pay benefits to the person
to be protected is an interested person in protective proceedings.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-407. Procedure concerning hearing and order on original petition
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-407. Procedure concerning hearing and order on original petition
(a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall
set a date for hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that
the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving
consideration to the choice of the minor if 14 years of age or older. A lawyer appointed by the court to represent a minor
has the powers and duties of a guardian ad litem.
[1979, c. 540, §1 (new).]
(b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the
court shall set a date for hearing. Unless the person to be protected is already represented by an attorney, the court shall
appoint one or more of the following: a visitor; a guardian ad litem or a lawyer to represent the person to be protected
in the proceedings. If it comes to the court's attention that the person to be protected wishes to contest any aspect of
the proceeding or to seek any limitation of the proposed conservator's powers, the court shall appoint an attorney to represent
the person to be protected. The cost of the appointment of the visitor, guardian ad litem or attorney must be paid from the
estate of the person to be protected if the court is satisfied sufficient funds are available. If the alleged disability
is physical illness or disability, chronic use of drugs, or chronic intoxication, the court may direct that the person to
be protected be examined by a physician acceptable to the court, preferably a physician who is not connected with any institution
in which the person is a patient or is detained. If the alleged disability is mental illness or mental deficiency, the court
may direct that the person to be protected be examined by a physician or by a licensed psychologist acceptable to the court;
preferably the physician or psychologist shall not be connected with any institution in which the person is a patient or is
detained. The physician or psychologist shall submit a report in writing to the court, providing diagnoses, a description
of the person's actual mental and functional limitations and prognoses.
[1995, c. 203, §4 (amd).]
(b-1) If appointed, the visitor or guardian ad litem shall interview the person to be protected and the person who is seeking
appointment as conservator. The visitor or guardian ad litem shall submit a report in writing to the court. The visitor
or guardian ad litem shall explain the meaning and possible consequences of the requested appointment to the person to be
protected and inquire if the person wishes to attend the hearing, to contest any aspect of the proceedings or to seek any
limitation of the proposed conservator's powers. If the visitor or guardian ad litem determines that the person wants to
contest any issue or seek a limited appointment and that the person is not already represented by an attorney, the visitor
or guardian ad litem shall so indicate in the written report to the court. The person to be protected is entitled to be present
at the hearing in person and to see and hear all evidence bearing upon the person's condition. The person to be protected
is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the physician, the visitor
and the guardian ad litem. The issue may be determined at a closed hearing if the person to be protected or the person's
counsel so requests.
[1995, c. 203, §5 (amd).]
(b-2) The person nominated to serve as conservator shall file a plan which, where relevant and to the extent pertinent information
is reasonably available to the nominee, shall include, but not be limited to, how the protected person's financial needs will
be met, as well as a plan for the management of the protected person's estate.
[1985, c. 440, §§ 9, 13 (new).]
(c) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established,
the court shall make an appointment or other appropriate protective order.
[1979, c. 540, §1 (new).]
(d) Except as otherwise provided by law, all reports and plans required by this section shall be submitted to the court and
all parties of record at least 10 days before any hearing on the petition.
[1985, c. 440, §§ 10, 13 (new).]
(e) When there has been an allegation of abuse, neglect or exploitation of an allegedly incapacitated person in a petition or
other papers filed with the court, the court may hear the testimony of the allegedly incapacitated person in chambers with
only the guardian ad litem and counsel present if the statements made are a matter of record.
[1989, c. 858, §3 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1983,
Ch. 241,
§2
(AMD).
PL 1985,
Ch. 440,
§8-10,13
(AMD).
PL 1989,
Ch. 858,
§3
(AMD).
PL 1993,
Ch. 652,
§4,5
(AMD).
PL 1995,
Ch. 203,
§4,5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-408-A. Temporary conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-408-A. Temporary conservator
(a) When a person is alleged to be in need of protection and an emergency exists and no other person appears to have authority
to act in the circumstances, upon appropriate petition, the court may exercise the power of a conservator or may enter an
ex parte order appointing a temporary conservator to preserve and apply the property of the person to be protected as may
be required for that person's benefit or the benefit of that person's dependents. The petition must be accompanied by an
affidavit that sets forth the factual basis for the emergency and the specific powers requested by the proposed conservator.
In the order and in the letters of temporary conservatorship, the court shall specify the powers and duties of the temporary
conservator, limiting the powers and duties to those necessary to address the emergency.
[1993, c. 652, §7 (new).]
(a-1) If the court takes action to exercise the powers of a conservator or to appoint a temporary conservator under subsection
(a), then the court, within 2 days, excluding Saturdays, Sundays and legal holidays, of taking the action, shall appoint a
visitor or a guardian ad litem to visit the protected person and make a report to the court within 10 days of the appointment
of the visitor or guardian ad litem. The visitor or guardian ad litem shall serve the protected person with a copy of the
order appointing the temporary conservator and shall explain the meaning and consequences of the appointment. The visitor
or guardian ad litem shall inquire of the protected person whether that person wishes to contest any aspect of the temporary
conservatorship or seek any limitation of the temporary conservator's powers. The visitor or guardian ad litem shall advise
the protected person of that person's right to contest the temporary conservatorship by requesting an expedited hearing under
subsection (b) and shall advise the protected person of that person's right to be represented by counsel of that person's
own choice or by counsel appointed by the court. The visitor or guardian ad litem shall also interview the temporary conservator,
except in cases where the court itself has taken action to exercise the powers of a temporary conservator. In the report
to the court, the visitor or guardian ad litem shall inform the court that the protected person has received a copy of the
order appointing the temporary conservator and shall advise the court as to whether the protected person wishes to contest
any aspect of the temporary conservatorship or seek a limitation of the temporary conservator's powers and whether the protected
person is already represented by counsel. The visitor or guardian ad litem shall also advise the court whether any issue
exists with respect to whether the appointment of the temporary conservator is in the protected person's best interest.
[1997, c. 35, §2 (amd).]
(b) If the court has exercised temporary guardianship powers or has issued an ex parte order under subsection (a), and if it
comes to the court's attention, through the report of the visitor or guardian ad litem or otherwise, that the protected person
wishes to contest any aspect of the temporary conservatorship or to seek a limitation of the temporary conservator's powers,
or if it appears that there is an issue with respect to whether the temporary conservatorship is in the protected person's
best interest, the court shall hold an expedited hearing within 40 days of the signing of the ex parte order under subsection
(a). The court may continue the expedited hearing if the petitioner and the attorney for the protected person, or, if none,
the visitor or guardian ad litem, agree to such a continuance. The court may continue the hearing on its own motion due to
circumstances beyond the control of the court and the parties, provided the hearing is held within 60 days of the signing
of the ex parte order. If the appointment of a conservator is contested by the protected person and the person is not already
represented by an attorney, the court shall appoint counsel to represent the person in the proceeding. The cost of the appointment
of the visitor, guardian ad litem or attorney must be paid from the estate of the protected person if the court is satisfied
that sufficient funds are available. At that hearing, the petitioner has the burden of showing, by a preponderance of the
evidence, that temporary conservatorship continues to be necessary to protect and preserve the person's estate pending final
hearing. Notice of the expedited hearing must be served as provided in section 5-405, except that the notice must be given
at least 5 days before the expedited hearing, and notice need not be served on any person whose address or present whereabouts
is unknown and can not be ascertained by due diligence. The court may waive service of the expedited hearing on any person,
other than the person to be protected, upon a showing of good cause.
[1995, c. 203, §7 (amd).]
(c) At the expedited hearing, the court may render a judgment authorizing the temporary conservatorship to continue for a period
not to exceed 6 months from the date of entry of the ex parte order. The temporary conservatorship terminates on the date
specified in the order or, if no date is specified in the order, 6 months following the date of entry of the ex parte order,
or at any prior time if the court determines the circumstances leading to the order for temporary conservatorship no longer
exist or if a judgment following a hearing pursuant to section 5-407 has been entered.
[1995, c. 203, §7 (amd).]
(d) If the court denies the request for an ex parte order pursuant to subsection (a), the court may enter, in its discretion,
an order for an expedited hearing pursuant to subsection (b). If the petitioner requests the entry of an order of temporary
conservatorship pursuant to subsection (a) without requesting an ex parte order, the court may hold an expedited hearing pursuant
to subsection (b).
[1993, c. 652, §7 (new).]
(e) If an appointed conservator is not effectively performing that conservator's duties and the court finds that an emergency
exists that requires the appointment of a temporary successor conservator in order to preserve and apply the property of the
protected person for the protected person's benefit or the benefit of the protected person's dependents, it may appoint, with
or without notice, a temporary successor conservator for the protected person for a specified period not to exceed 6 months.
[1993, c. 652, §7 (new).]
(f) A temporary conservator has all the powers of a permanent conservator provided in this code, unless expressly limited by
the court. A temporary successor conservator has the same powers as the previously appointed conservator, unless the court
indicates otherwise in the letters of appointment. The authority of a previously appointed conservator is suspended as long
as the temporary conservator has authority. A temporary conservator may be removed at any time. A temporary conservator
shall account to the court at the termination of the temporary conservatorship.
[1993, c. 652, §7 (new).]
(g) A petition for temporary conservatorship may be brought before any judge if the judge of the county in which venue properly
lies is unavailable. If a judge other than the judge of the county in which venue properly lies acts on a petition for temporary
conservatorship, that judge shall issue a written order and endorse upon it the date and time of the order. The judge shall
then immediately transmit or cause to be transmitted that order to the register of the county in which venue properly lies.
An order issued by a judge of a county other than the county in which venue properly lies is deemed to have been entered
in the docket on the date and at the time endorsed upon it.
[1995, c. 203, §8 (new).]
Section History:
PL 1993,
Ch. 652,
§7
(NEW).
PL 1995,
Ch. 203,
§6-8
(AMD).
PL 1997,
Ch. 35,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-408. Permissible court orders
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-408. Permissible court orders
The court shall exercise the authority conferred in Parts 4 and 6 to encourage the development of maximum self reliance and
independence of the protected person and make protective orders only to the extent necessitated by the protected person's
actual mental and adaptive limitations and other conditions warranting the procedure.
[1985, c. 440, §§11, 13 (new).]
div>
The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs
of protected persons;
[1979, c. 540, §1 (new).]
(1) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and
without notice to others, the court has power to preserve and apply the property of the person to be protected as may be required
for the person's benefit or the benefit of the person's dependents, in accordance with the procedures set forth in section
5-408-A.
[1993, c. 652, §6 (amd).]
(2) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor
without other disability, the court has all those powers over the estate and affairs of the minor which are or might be necessary
for the best interests of the minor, his family and members of his household.
[1979, c. 540, §1 (new).]
(3) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person
for reasons other than minority, the court has, for the benefit of the person and members of his household, all the powers
over his estate and affairs which he could exercise if present and not under disability, except the power to make a will.
These powers include, but are not limited to power to make gifts, to convey or release his contingent and expectant interests
in property including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety,
to exercise or release his powers as trustee, personal representative, custodian for minors, conservator, or donee of a power
of appointment, to enter into contracts, to create revocable or irrevocable trusts of property of the estate which may extend
beyond his disability or life, to exercise options of the disabled person to purchase securities or other property, to exercise
his rights to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for
their cash value, to exercise his right to an elective share in the estate of his deceased spouse and to renounce any interest
by testate or intestate succession or by inter vivos transfer.
[1979, c. 540, §1 (new).]
(4) The court may exercise or direct the exercise of, its authority to exercise or release powers of appointment of which the
protected person is donee, to renounce interests, to make gifts in trust or otherwise exceeding 20% of any year's income of
the estate or to change beneficiaries under insurance and annuity policies, only if satisfied, after notice and hearing, that
it is in the best interests of the protected person, and that he either is incapable of consenting or has consented to the
proposed exercise of power.
[1979, c. 540, §1 (new).]
(5) An order made pursuant to this section determining that a basis for appointment of a conservator or other protective order
exists, has no effect on the capacity of the protected person.
[1979, c. 540, §1 (new).]
(6) The court may authorize a gift or other transfer for less than fair market value from the protected person's estate other
than to the protected person's spouse or dependent, blind or disabled child if the court finds that the gift or other transfer
will not, directly or indirectly, diminish the protected person's estate in order to qualify for federal or state aid or benefits,
including the MaineCare program under Title 22, chapter 855, and the court finds:
(a) That the remaining estate assets of the protected person are sufficient for the protected person's care and maintenance
for the next 36 months, including due provision for the protected person's established standard of living and for the support
of any persons the protected person is legally obligated to support and any dependents of the protected person; and
[2005, c. 12, Pt. DDD, §4 (new); §17 (aff).]
(b) That the gift or other transfer will not hasten the date of eligibility for MaineCare coverage of the protected person's
long-term care expenses during the next 36 months.
[2005, c. 12, Pt. DDD, §4 (new); §17 (aff).]
This subsection does not prevent a transfer to a trust established pursuant to 42 United States Code, Section 1396p(d)(4)
or otherwise specifically allowed by law governing the federal Medicaid program under 42 United States Code.
[2005, c. 12, Pt. DDD, §4 (new); §17 (aff).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1985,
Ch. 440,
§11,13
(AMD).
PL 1993,
Ch. 652,
§6
(AMD).
PL 2005,
Ch. 12,
§DDD17
(AFF).
PL 2005,
Ch. 12,
§DDD4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-409. Protective arrangements and single transactions authorized
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-409. Protective arrangements and single transactions authorized
(a) If it is established in a proper proceeding that a basis exists as described in section 5-401 for affecting the property
and affairs of a person the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary
or desirable to achieve any security, service, or care arragement meeting the foreseeable needs of the protected person.
Protective arrangements include, but are not limited to, payment, delivery, deposit or retention of funds or property, sale,
mortgage, lease or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract,
a contract for training and education, or addition to or establishment of a suitable trust.
[1979, c. 540, §1 (new).]
(b) If it has been established in a proper proceeding that a basis exists as described in section 5-401 for affecting the property
and affairs of a person, the court, without appointing a conservator, may authorize, direct or ratify any contract, trust
or other transaction relating to the protected person's financial affairs or involving the protected person's estate if the
court determines that the transaction is in the best interests of the protected person, subject to the provisions of subsection
(d).
[2005, c. 12, Pt. DDD, §5 (amd); §17 (aff).]
(c) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests
of creditors and dependents of the protected person and, in view of his disability, whether the protected person needs the
continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any
protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order
and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
[1979, c. 540, §1 (new).]
(d) The court may authorize a gift or other transfer for less than fair market value from the protected person's estate other
than to the protected person's spouse or dependent, blind or disabled child if the court finds that the gift or other transfer
will not, directly or indirectly, diminish the protected person's estate in order to qualify for federal or state aid or benefits,
including the MaineCare program under Title 22, chapter 855, and the court finds:
(1) That the remaining estate assets of the protected person are sufficient for the protected person's care and maintenance
for the next 36 months, including due provision for the protected person's established standard of living and for the support
of any persons the protected person is legally obligated to support and any dependents of the protected person; and
[2005, c. 12, Pt. DDD, §6 (new); §17 (aff).]
(2) That the gift or other transfer will not hasten the date of eligibility for MaineCare coverage of the protected person's
long-term care expenses during the next 36 months.
[2005, c. 12, Pt. DDD, §6 (new); §17 (aff).]
This subsection does not prevent a transfer to a trust established pursuant to 42 United States Code, Section 1396p(d)(4)
or otherwise specifically allowed by law governing the federal Medicaid program under 42 United States Code.
[2005, c. 12, Pt. DDD, §6 (new); §17 (aff).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2005,
Ch. 12,
§DDD17
(AFF).
PL 2005,
Ch. 12,
§DDD5,6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-410. Who may be appointed conservator; priorities
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-410. Who may be appointed conservator; priorities
(a) The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the order listed:
(1) A conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other
jurisdiction in which the protected person resides;
[1979, c. 540, §1 (new).]
(2) An individual or corporation nominated by the protected person if he is 14 or more years of age and has, in the opinion
of the court, sufficient mental capacity to make an intelligent choice;
[1979, c. 540, §1 (new).]
(3) The spouse of the protected person;
[1979, c. 540, §1 (new).]
(3-A) The domestic partner of the protected person;
[2003, c. 672, §15 (new).]
(4) An adult child of the protected person;
[1979, c. 540, §1 (new).]
(5) A parent of the protected person, or a person nominated by the will of a deceased parent;
[1979, c. 540, §1 (new).]
(6) Any relative of the protected person with whom he has resided for more than 6 months prior to the filing of the petition;
[1979, c. 540, §1 (new).]
(7) A person nominated by the person who is caring for him or paying benefits to him.
[1979, c. 540, §1 (new).]
[2003, c. 672, §15 (amd).]
(b) A person in subsection (a), paragraphs (1), (3), (4), (5), or (6) may nominate in writing a person to serve in his stead.
With respect to persons having equal priority, the court is to select the one who is best qualified of those willing to serve.
The court, for good cause, may pass over a person having priority and appoint a person having less priority or no priority.
[1979, c. 540, §1 (new).]
(c) A facility or institution licensed under Title 22, sections 1817 and 7801, or an owner, proprietor, administrator, employee
or other person with substantial financial interest in the facility or institution, may not act as conservator of the estate
of a resident of that facility or institution, unless he is entitled to appointment under subsection (a), paragraph (3), (4),
(5) or (6).
[1985, c. 770, § 2 (amd).]
(d) When appointed by the court, the conservator shall inform the court as to the conservator's residence. If the residence
changes, the conservator shall inform the court of that change. If the conservator is a corporation, the corporate offices
are considered the conservator's residence for the purposes of this section.
[1995, c. 291, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1979,
Ch. 690,
§20
(AMD).
PL 1985,
Ch. 770,
§2
(AMD).
PL 1995,
Ch. 291,
§1
(AMD).
PL 2003,
Ch. 672,
§15
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-411. Bond
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-411. Bond
The following provisions govern bonds for conservators.
[1997, c. 453, §2 (rpr).]
(a) The Probate Court shall require a conservator of an estate of $25,000 or more to furnish a bond conditioned upon faithful
discharge of all duties of the trust according to law, with sureties as it specifies, unless the court makes a specific finding
as to why a bond should not be required. With respect to estates of less than $25,000, the court may in its discretion require
a bond or other surety. In making a finding as to why a bond is not required, the court shall consider the person's creditworthiness,
financial solvency or past financial management.
[1997, c. 453, §2 (new).]
(b) A conservator who moves out of State while serving as conservator shall notify the Probate Court regarding the change of
residence. The court may require a conservator who moves or locates out of State while serving as conservator to furnish
a bond at that time. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property
of the estate in the conservator's control plus one year's estimated income minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land that the fiduciary, by express limitation
of power, lacks power to sell or convey without court authorization. In lieu of sureties on a bond, the court may accept other
security for the performance of the bond, including a pledge of securities or a mortgage of land.
[1997, c. 453, §2 (new).]
(c) The following persons wishing to serve as conservators are exempt from the bonding requirements of this section:
(1) Spouses;
[1997, c. 453, §2 (new).]
(2) Financial institutions authorized to do business in the State under Title 9-B, section 131, subsection 12-A, or their employees;
and
[1997, c. 453, §2 (new).]
(3) Persons who are already bonded in their course of business if the bond is sufficient to cover the duties of conservator.
[1997, c. 453, §2 (new).]
[1997, c. 453, §2 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1995,
Ch. 291,
§2
(AMD).
PL 1997,
Ch. 453,
§2
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-412. Terms and requirements of bonds
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-412. Terms and requirements of bonds
(a) The following requirements and provisions apply to any bond required under section 5-411:
(1) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator
and with each other;
[1979, c. 540, § 1 (new).]
(2) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court which issued letters
to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a
party defendant. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail
at his address as listed with the court where the bond is filed and to his address as then known to the petitioner;
[1979, c. 540, § 1 (new).]
(3) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach
of the obligation of the bond of the conservator;
[1979, c. 540, § 1 (new).]
(4) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the
whole penalty is exhausted.
[1979, c. 540, § 1 (new).]
[1979, c. 540, § 1 (new).]
(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary
obligor is barred by adjudication or limitation.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-413. Acceptance of appointment; consent to jurisdiction
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-413. Acceptance of appointment; consent to jurisdiction
By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to
the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator,
or mailed to him by registered or certified mail at his address as listed in the petition for appointment or as thereafter
reported to the court and to his address as then known to the petitioner.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-414. Compensation and expenses
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-414. Compensation and expenses
If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator or special conservator appointed
in a protective proceeding is entitled to reasonable compensation from the estate. The factors set forth in section 3-721,
subsection (b) should be considered as guides in determining the reasonableness of compensation under this section.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-415. Death, resignation or removal of conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-415. Death, resignation or removal of conservator
The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After
his death, resignation or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title
and powers of his predecessor.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-416. Petitions for orders subsequent to appointment
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-416. Petitions for orders subsequent to appointment
(a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing
court for an order (1) requiring bond or security or additional bond or security, or reducing bond, (2) requiring an accounting
for the administration of the trust, (3) directing distribution, (4) removing the conservator and appointing a temporary or
successor conservator, or (5) granting other appropriate relief.
[1979, c. 540, §1 (new).]
(b) A conservator may petition the appointing court for instructions concerning his fiduciary responsibility.
[1979, c. 540, § 1 (new).]
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-417. General duty of conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-417. General duty of conservator
In the exercise of the conservator's powers, a conservator is to act as a fiduciary and shall observe the standards of care
applicable to trustees as described by Title 18-B, sections 802 to 807 and chapter 9.
[2003, c. 618, Pt. B, §7 (amd); §20 (aff).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2003,
Ch. 618,
§B20
(AFF).
PL 2003,
Ch. 618,
§B7
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-418. Inventory and records
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-418. Inventory and records
(a) Within 90 days following a conservator's appointment, the conservator shall prepare and file with the appointing court a
complete inventory of the estate of the protected person together with the conservator's oath or affirmation that it is complete
and accurate so far as the conservator is informed. The conservator shall provide a copy of the completed inventory to the
protected person if the person can be located, has attained 14 years of age and has sufficient mental capacity to understand
these matters, and to any parent or guardian with whom the protected person resides.
[2001, c. 280, §1 (new).]
(b) A conservator shall keep suitable records of the conservator's administration and exhibit the same on request of any interested
person.
[2001, c. 280, §1 (new).]
(c) If a conservator fails without good cause to file an inventory, the court may require the conservator or the conservator's
surety to pay to the protected person's estate a minimum of $100 and a maximum of the amount the court determines is just
to compensate the estate for any damage resulting from the failure to file the inventory. The payments required by this subsection
are in addition to any other award or remedy available at law or in equity for fiduciary misconduct of the conservator.
[2001, c. 280, §1 (new).]
(d) If any property not included in the original inventory comes to the knowledge of the conservator or if the conservator or
court learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the
conservator shall make a supplementary inventory or appraisement showing the market value of the new item or the revised market
value or descriptions and the appraisers or other data relied upon, if any, and file it with the court and furnish copies
to persons interested in the new information.
[2003, c. 377, §1 (new).]
(e) When an inventory has not been filed under this section and an interested party makes a prima facie case that property that
should have been inventoried is now missing, the conservator has the burden of proving by a preponderance of the evidence
that the specific property would properly be excluded from the inventory.
[2003, c. 377, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2001,
Ch. 280,
§1
(RPR).
PL 2003,
Ch. 377,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-419. Accounts
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-419. Accounts
(a) Every conservator shall account to the court for the administration of the trust as specified by the court at the time of
the initial order or at the time of a subsequent order or as provided by court rule and upon resignation or removal. On termination
of the protected person's minority or disability, a conservator may account to the court or may account to the former protected
person or that person's personal representative. Prior to the termination of the protected person's minority, the conservator
shall account to the court and the protected person.
[2001, c. 280, §2 (amd).]
(b) Subject to appeal or vacation within the time permitted, an order, made upon notice and hearing, allowing an intermediate
account of a conservator, adjudicates as to the conservator's liabilities concerning the matters considered in connection
therewith; and an order, made upon notice and hearing, allowing a final account adjudicates as to all previously unsettled
liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship.
In connection with any account, the court may require a conservator to submit to a physical check of the estate in the conservator's
control, to be made in any manner the court may specify.
[2001, c. 280, §2 (amd).]
(c) The court may appoint a visitor to review the conservator's accounts and determine if appropriate provision for the use,
care and protection of the protected person's property has been made. The visitor shall report the findings to the court
in writing.
[2001, c. 280, §2 (amd).]
(d) If the conservator fails without good cause to file the accounting required by the court, the court may require the conservator
or the conservator's surety to pay to the protected person's estate a minimum of $100 and a maximum of the amount the court
determines is just to compensate the estate for any damage resulting from the failure to file the accounting. The payments
required by this subsection are in addition to any other award or remedy available at law or in equity for fiduciary misconduct
of the conservator.
[2001, c. 280, §2 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1985,
Ch. 440,
§12,13
(RPR).
PL 1991,
Ch. 641,
§4
(AMD).
PL 1995,
Ch. 462,
§A39
(AMD).
PL 2001,
Ch. 280,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-420. Conservators; title by appointment
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-420. Conservators; title by appointment
The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or
thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys
in fact. The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any
federal or state statute or regulation, insurance policy, pension plan, contract, will or trust instrument, imposing restrictions
upon or penalties for transfer or alienation by the protected person of his rights or interest, but this section does not
restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-421. Recording of conservator's letters
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-421. Recording of conservator's letters
Letters of conservatorship are evidence of transfer of all assets of a protected person to the conservator. An order terminating
a conservatorship is evidence of transfer of all assets of the estate from the conservator to the protected person, or his
successors. Subject to the requirements of general statutes governing the filing or recordation of documents of title to land
or other property, letters of conservatorship, and orders terminating conservatorships, may be filed or recorded to give record
notice of title as between the conservator and the protected person.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-422. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-422. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
Any sale or encumbrance to a conservator, his spouse, agent or attorney, or any corporation or trust in which he has a substantial
beneficial interest, or any transaction which is affected by a substantial conflict of interest is voidable unless the transaction
is approved by the court after notice to interested persons and others as directed by the court.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-423. Persons dealing with conservators; protection
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-423. Persons dealing with conservators; protection
A person who in good faith either assists a conservator or deals with him for value in any transaction other than those requiring
a court order as provided in section 5-408, is protected as if the conservator properly exercised the power. The fact that
a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or
the propriety of its exercise, except that restrictions on powers of conservators which are endorsed on letters as provided
in section 5-426 are effective as to third persons. A person is not bound to see to the proper application of estate assets
paid or delivered to a conservator. The protection here expressed extends to instances in which some procedural irregularity
or jurisdictional defect occurred in proceedings leading to the issuance of letters. The protection here expressed is not
by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying
transfers of securities by fiduciaries.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-424. Powers of conservator in administration
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-424. Powers of conservator in administration
(a) A conservator has all of the powers conferred herein and any additional powers conferred by law on trustees in this State.
In addition, a conservator of the estate of an unmarried minor, as to whom no one has parental rights, has the duties and
powers of a guardian of a minor described in section 5-209 until the minor attains the age of 18 or marries, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided by Part 2.
[1979, c. 540, §1 (new).]
(b) A conservator has power without court authorization or confirmation, to invest and reinvest funds of the estate as would
a trustee.
[1979, c. 540, §1 (new).]
(b-1) A conservator may remove items of tangible property that are assets of the estate to a location out of this State only with
court authorization.
[1995, c. 291, §3 (new).]
(c) A conservator, acting reasonably in efforts to accomplish the purpose for which he was appointed, may act without court
authorization or confirmation, to
(1) Collect, hold and retain assets of the estate including land in another state, until, in his judgment, disposition of the
assets should be made, and the assets may be retained even though they include an asset in which he is personally interested;
[1979, c. 540, §1 (new).]
(2) Receive additions to the estate;
[1979, c. 540, §1 (new).]
(3) Continue or participate in the operation of any business or other enterprise;
[1979, c. 540, §1 (new).]
(4) Acquire an undivided interest in an estate asset in which the conservator, in any fiduciary capacity, holds an undivided
interest;
[1979, c. 540, §1 (new).]
(5) Invest and reinvest estate assets in accordance with subsection (b);
[1979, c. 540, §1 (new).]
(6) Deposit estate funds in a bank including a bank operated by the conservator;
[1979, c. 540, §1 (new).]
(7) Acquire or dispose of an estate asset including land in another state for cash or on credit, at public or private sale;
and to manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset;
[1979, c. 540, §1 (new).]
(8) Make ordinary or extraordinary repairs or alterations in buildings or other structures, to demolish any improvements, to
raze existing or erect new party walls or buildings;
[1979, c. 540, §1 (new).]
(9) Subdivide, develop, or dedicate land to public use; to make or obtain the vacation of plats and adjust boundaries; to adjust
differences in valuation on exchange or to partition by giving or receiving considerations; and to dedicate easements to public
use without consideration;
[1979, c. 540, §1 (new).]
(10) Enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or
extending beyond the term of the conservatorship;
[1979, c. 540, §1 (new).]
(11) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling
or unitization agreement;
[1979, c. 540, §1 (new).]
(12) Grant an option involving disposition of an estate asset, to take an option for the acquisition of any asset;
[1979, c. 540, §1 (new).]
(13) Vote a security, in person or by general or limited proxy;
[1979, c. 540, §1 (new).]
(14) Pay calls, assessments, and any other sums chargeable or accruing against or on account of securities;
[1979, c. 540, §1 (new).]
(15) Sell or exercise stock subscription or conversion rights; to consent, directly or through a committee or other agent, to
the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;
[1979, c. 540, §1 (new).]
(16) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the
security may pass by delivery, but the conservator is liable for any act of the nominee in connection with the stock so held;
[1979, c. 540, §1 (new).]
(17) Insure the assets of the estate against damage or loss, and the conservator against liability with respect to third persons;
[1979, c. 540, §1 (new).]
(18) Borrow money to be repaid from estate assets or otherwise; to advance money for the protection of the estate or the protected
person, and for all expenses, losses, and liability sustained in the administration of the estate or because of the holding
or ownership of any estate assets and the conservator has a lien on the estate as against the protected person for advances
so made;
[1979, c. 540, §1 (new).]
(19) Pay or contest any claim; to settle a claim by or against the estate or the protected person by compromise, arbitration,
or otherwise; and to release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible;
[1979, c. 540, §1 (new).]
(20) Pay taxes, assessments, compensation of the conservator, and other expenses incurred in the collection, care, administration
and protection of the estate;
[1979, c. 540, §1 (new).]
(21) Allocate items of income or expense to either estate income or principal, as provided by law, including creation of reserves
out of income for depreciation, obsolescence, or amortization, or for depletion in mineral or timber properties;
[1979, c. 540, §1 (new).]
(22) Pay any sum distributable to a protected person or his dependent without liability to the conservator, by paying the sum
to the distributee or by paying the sum for the use of the distributee either to his guardian or if none, to a relative or
other person with custody of his person;
[1979, c. 540, §1 (new).]
(23) Employ persons, including attorneys, auditors, investment advisors, or agents, even though they are associated with the
conservator to advise or assist him in the performance of his administrative duties; to act upon their recommendation without
independent investigation; and instead of acting personally, to employ one or more agents to perform any act of administration,
whether or not discretionary;
[1979, c. 540, §1 (new).]
(24) Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of estate assets and of the conservator
in the performance of his duties; and
[1979, c. 540, §1 (new).]
(25) Execute and deliver all instruments which will accomplish or facilitate the exercise of the powers vested in the conservator.
[1979, c. 540, §1 (new).]
[1979, c. 540, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1995,
Ch. 291,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-425. Distributive duties and powers of conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-425. Distributive duties and powers of conservator
(a) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for
the support, education, care or benefit of the protected person and his dependents in accordance with the following principles:
(1) The conservator is to consider recommendations relating to the appropriate standard of support, education and benefit for
the protected person made by a parent or guardian, if any. He may not be surcharged for sums paid to persons or organizations
actually furnishing support, education or care to the protected person pursuant to the recommendations of a parent or guardian
of the protected person unless he knows that the parent or guardian is deriving personal financial benefit therefrom, including
relief from any personal duty of support, or unless the recommendations are clearly not in the best interests of the protected
person.
[1979, c. 540, §1 (new).]
(2) The conservator is to expend or distribute sums reasonably necessary for the support, education, care or benefit of the
protected person with due regard to (i) the size of the estate, the probable duration of the conservatorship and the likelihood
that the protected person, at some future time, may be fully able to manage his affairs and the estate which has been conserved
for him; (ii) the accustomed standard of living of the protected person and members of his household; (iii) other funds or
sources used for the support of the protected person.
[1979, c. 540, §1 (new).]
(3) The conservator may expend funds of the estate for the support of persons legally dependent on the protected person and
others who are members of the protected person's household who are unable to support themselves, and who are in need of support.
[1979, c. 540, §1 (new).]
(4) Funds expended under this subsection may be paid by the conservator to any person, including the protected person to reimburse
for expenditures which the conservator might have made, or in advance for services to be rendered to the protected person
when it is reasonable to expect that they will be performed and where advance payments are customary or reasonably necessary
under the circumstances.
[1979, c. 540, §1 (new).]
[1979, c. 540, §1 (new).]
(b) If the estate is ample to provide for the purposes implicit in the distributions authorized by the preceding subsections,
a conservator for a protected person other than a minor has power to make gifts to charity and other objects as the protected
person might have been expected to make, in amounts that do not exceed in total for any year 20% of the income from the estate,
subject to the provisions of subsection (b-1).
[2005, c. 12, Pt. DDD, §7 (amd); §17 (aff).]
(b-1) The court may authorize a gift or other transfer for less than fair market value from the protected person's estate other
than to the spouse or dependent, blind or disabled child if the court finds that the gift or other transfer will not, directly
or indirectly, diminish the protected person's estate in order to qualify for federal or state aid or benefits, including
the MaineCare program under Title 22, chapter 855, and the court finds:
(1) That the remaining estate assets of the protected person are sufficient for the protected person's care and maintenance
for the next 36 months, including due provision for the protected person's established standard of living and for the support
of any persons the protected person is legally obligated to support and any dependents of the protected person; and
[2005, c. 12, Pt. DDD, §8 (new); §17 (aff).]
(2) That the gift or other transfer will not hasten the date of eligibility for MaineCare coverage of the protected person's
long-term care expenses during the next 36 months.
[2005, c. 12, Pt. DDD, §8 (new); §17 (aff).]
This subsection does not prevent a transfer to a trust established pursuant to 42 United States Code, Section 1396p(d)(4)
or otherwise specifically allowed by law governing the federal Medicaid program under 42 United States Code.
[2005, c. 12, Pt. DDD, §8 (new); §17 (aff).]
(c) When a minor who has not been adjudged disabled under section 5-401, paragraph (2) attains his majority, his conservator,
after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the
former protected person as soon as possible.
[1979, c. 540, §1 (new).]
(d) When the conservator is satisfied that a protected person's disability, other than minority, has ceased, the conservator,
after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the
former protected person as soon as possible.
[1979, c. 540, §1 (new).]
(e) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the deceased protected
person which may have come into his possession, inform the executor or a beneficiary named therein that he has done so, and
retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled thereto.
If after 40 days from the death of the protected person no other person has been appointed personal representative and no
application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of
a personal representative so that he may proceed to administer and distribute the decedent's estate without additional or
further appointment. Upon application for an order granting the powers of a personal representative to a conservator, after
notice to any person demanding notice under section 3-204 and to any person nominated executor in any will of which the applicant
is aware, the court may order the conferral of the power upon determining that there is no objection, and endorse the letters
of the conservator to note that the formerly protected person is deceased and that the conservator has acquired all of the
powers and duties of a personal representative. The making and entry of an order under this section shall have the effect
of an order of appointment of a personal representative as provided in section 3-308 and Parts 6 through 10 of Article III
except that estate in the name of the conservator, after administration, may be distributed to the decedent's successors without
prior retransfer to the conservator as personal representative.
[1979, c. 540, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 2005,
Ch. 12,
§DDD17
(AFF).
PL 2005,
Ch. 12,
§DDD7,8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-426. Enlargement or limitation of powers of conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-426. Enlargement or limitation of powers of conservator
Subject to the restrictions in section 5-408, paragraph (4), the court may confer on a conservator at the time of appointment
or later, in addition to the powers conferred on him by sections 5-424 and 5-425, any power which the court itself could exercise
under sections 5-408, paragraph (2) and 5-408, paragraph (3). The court may, at the time of appointment or later, limit the
powers of a conservator otherwise conferred by sections 5-424 and 5-425, or previously conferred by the court, and may at
any time relieve him of any limitation. If the court limits any power conferred on the conservator by section 5-424 or section
5-425, the limitation shall be endorsed upon his letters of appointment.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-427. Preservation of estate plan
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-427. Preservation of estate plan
In investing the estate, and in selecting assets of the estate for distribution under section 5-425, subsections (a) and (b),
in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the
conservator or the court, the conservator and the court should take into account any known estate plan of the protected person,
including his will, any revocable trust of which he is settlor, and any contract, transfer or joint ownership arrangement
with provisions for payment or transfer of benefits or interests at his death to another or others which he may have originated.
The conservator may examine the will of the protected person.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-428. Claims against protected person; enforcement
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-428. Claims against protected person; enforcement
(a) A conservator must pay from the estate all just claims against the estate and against the protected person arising before
or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods:
(1) the claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and
address of the claimant and the amount claimed; (2) the claimant may file a written statement of the claim, in the form prescribed
by rule, with the clerk of court and deliver or mail a copy of the statement to the conservator. A claim is deemed presented
on the first to occur of receipt of the written statement of claim by the conservator, or the filing of the claim with the
court. A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant
within 60 days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim
until thrity days after its disallowance.
[1979, c. 540, §1 (new).]
(b) A claimant whose claim has not been paid may petition the court for determination of his claim at any time before it is
barred by the applicable statute of limitation, and, upon due proof, procure an order for its allowance and payment from the
estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated
against the protected person thereafter, the moving party must give notice of the proceeding to the conservator if the outcome
is to constitute a claim against the estate.
[1979, c. 540, § 1 (new).]
(c) If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, preference
is to be given to prior claims for the care, maintenance and education of the protected person or his dependents and existing
claims for expenses of administration.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-429. Individual liability of conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-429. Individual liability of conservator
(a) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into
in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity
and identify the estate in the contract.
[1979, c. 540, §1 (new).]
(b) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for
torts committed in the course of administration of the estate only if he is personally at fault.
[1979, c. 540, § 1 (new).]
(c) Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership
or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the
estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable
therefor.
[1979, c. 540, § 1 (new).]
(d) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting,
surcharge, or indemnification, or other appropriate proceeding or action.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-430. Termination of proceeding
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-430. Termination of proceeding
The protected person, his personal representative, the conservator or any other interested person may petition the court to
terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in
an original proceeding for a protective order. The court, upon determining after notice and hearing that the minority or disability
of the protected person has ceased, may terminate the conservatorship. Upon termination, title to assets of the estate passes
to the former protected person or to his successors subject to provision in the order for expenses of administration or to
conveyances from the conservator to the former protected persons or his successors, to evidence the transfer.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-431. Payment of debt and delivery of property to foreign conservator without local proceedings
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-431. Payment of debt and delivery of property to foreign conservator without local proceedings
Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock,
or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate or other like
fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment
and an affidavit made by him or on his behalf stating:
[1979, c. 540, § 1 (new).]
p align="center"> (1) That no protective proceeding relating to the protected person is pending in this State; and
[1979, c. 540, § 1 (new).]p align="center"> (2) That the foreign conservator is entitled to payment or to receive delivery.
[1979, c. 540, § 1 (new).]p align="center">If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this State, payment
or delivery in response to the demand and affidavit discharges the debtor or possessor.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-432. Foreign conservator; proof of authority; bond; powers
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-432. Foreign conservator; proof of authority; bond; powers
If no local conservator has been appointed and no petition in a protective proceeding is pending in this State, a domiciliary
foreign conservator may file with a court in this State in a county in which property belonging to the protected person is
located, authenticated copies of his appointment, of any official bond he has given and a certificate, dated within 60 days,
proving his current authority. Thereafter, he may exercise as to assets in this State all powers of a local conservator and
may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally.
[1987, c. 392, § 6 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1987,
Ch. 392,
§6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-501. Definition
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-501. Definition
(a) A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney-in-fact
in writing and the writing contains the words "This power of attorney is not affected by subsequent disability or incapacity
of the principal or lapse of time" or "This power of attorney becomes effective upon the disability or incapacity of the principal"
or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal's
subsequent disability or incapacity, and unless it states a time of termination, notwithstanding the lapse of time since the
execution of the instrument.
[1991, c. 719, §3 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1985,
Ch. 645,
§2
(RPR).
PL 1991,
Ch. 719,
§3
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-502. Durable power of attorney not affected by disability or incapacity
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-502. Durable power of attorney not affected by disability or incapacity
All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of disability or incapacity
of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in
interest as if the principal were competent and not disabled.
[1991, c. 719, §3 (new).]
(a)
[1991, c. 719, §3 (rp).]
(b)
[1991, c. 719, §3 (rp).]
(c)
[1991, c. 719, §3 (rp).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1991,
Ch. 719,
§3
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-503. Relation of attorney-in-fact to court-appointed fiduciary
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-503. Relation of attorney-in-fact to court-appointed fiduciary
(a) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian
of the estate or other fiduciary charged with the management of all of the principal's property or all of the principal's
property except specified exclusions, the attorney-in-fact is accountable to the fiduciary as well as to the principal. The
fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if the principal were
not disabled or incapacitated; provided, however, that a durable power of attorney for health care may be revoked or amended
only with the prior approval of the court upon petition by any interested person.
[1991, c. 719, §3 (new).]
(b) A principal may nominate, by a durable power of attorney, the conservator, guardian of the principal's estate or guardian
of the principal's person for consideration by the court if protective proceedings for the principal's person or estate are
commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power
of attorney except for good cause or disqualification.
[1991, c. 719, §3 (new).]
Section History:
PL 1991,
Ch. 719,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-504. Power of attorney not revoked until notice
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-504. Power of attorney not revoked until notice
(a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate
the agency as to the attorney-in-fact or other person who, without actual knowledge of the death of the principal, acts in
good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest
of the principal.
[1991, c. 719, §3 (new).]
(b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable
power does not revoke or terminate the agency as to the attorney-in-fact or other person who, without actual knowledge of
the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise
invalid or unenforceable, binds the principal and the principal's successors in interest.
[1991, c. 719, §3 (new).]
Section History:
PL 1991,
Ch. 719,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-505. Proof of continuance of durable and other powers of attorney by affidavit
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-505. Proof of continuance of durable and other powers of attorney by affidavit
An affidavit executed by the attorney-in-fact under a power of attorney, durable or otherwise, stating that the attorney-in-fact
did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the
principal's death, disability or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that
time with respect to acts taken in good faith reliance upon the affidavit. If the exercise of the power of attorney requires
execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.
This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence
of an event other than express revocation or a change in the principal's capacity.
[1991, c. 719, §3 (new).]
Section History:
PL 1991,
Ch. 719,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-506. Durable health care power of attorney
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-506. Durable health care power of attorney
(a) A durable health care power of attorney is a durable power of attorney by which a principal designates another as attorney-in-fact
to make decisions on the principal's behalf in matters concerning the principal's medical or health treatment and care. An
attorney-in-fact designated under a durable health care power of attorney may be authorized to give or withhold consents or
approvals relating to any medical, health or other professional care, counsel, treatment or service of or to the principal
by a licensed or professional certified person or institution engaged in the practice of, or providing, a healing art, including
life-sustaining treatment when the principal is in a terminal condition or a persistent vegetative state.
[1995, c. 378, Pt. B, §3 (amd).]
(b) A durable health care power of attorney must be signed by the principal, or another at the principal's direction, and witnessed
by 2 individuals other than the designated attorney-in-fact. This section's requirement of 2 witnesses does not render ineffective
a durable health care power of attorney validly executed prior to the effective date of this section.
[1991, c. 719, §3 (new).]
(c) A durable health care power of attorney may be revoked or terminated by a fiduciary of the principal only with the prior
approval of the court upon petition by any interested person.
[1991, c. 719, §3 (new).]
(d) An agent under a durable health care power of attorney has the power and authority to serve as the personal representative
of the principal for all purposes of the federal Health Insurance Portability and Accountability Act of 1996, 42 United States
Code, Section 1320d et seq. and its regulations, 45 Code of Federal Regulations 160-164. The agent has all the rights of
the principal with respect to the use and disclosure of the individually identifiable health information and other medical
records of the principal.
[2003, c. 618, Pt. C, §1 (new).]
Section History:
PL 1991,
Ch. 719,
§3
(NEW).
PL 1995,
Ch. 378,
§B3
(AMD).
PL 2003,
Ch. 618,
§C1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-507. Powers of attorney-in-fact (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-507. Powers of attorney-in-fact (REPEALED)
Section History:
PL 1997,
Ch. 241,
§1
(NEW).
PL 1997,
Ch. 453,
§3
(NEW).
PL 1997,
Ch. 683,
§C5
(RP ).
RR 1997,
Ch. 1,
§13
(COR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-508. Durable financial power of attorney
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-508. Durable financial power of attorney
(a) A durable financial power of attorney is a durable power of attorney by which a principal designates another as attorney-in-fact
to make decisions on the principal's behalf in matters concerning the principal's finances, property or both. In the exercise
of the powers conferred under a durable financial power of attorney, an attorney-in-fact shall act as a fiduciary under the
standards of care applicable to trustees as described by Title 18-B, sections 802 to 807 and chapter 9.
[2003, c. 618, Pt. B, §8 (amd); §20 (aff).]
(b) An attorney-in-fact is not authorized to make gifts to the attorney-in-fact or to others unless the durable financial power
of attorney explicitly authorizes such gifts.
[1997, c. 683, Pt. C, §6 (rpr).]
(c) A durable financial power of attorney executed in this State must be notarized by a notary public or an attorney-at-law.
[2005, c. 284, §1 (amd).]
(d) A durable financial power of attorney executed in this State must contain the following language:
"Notice to the Principal: As the "Principal," you are using this Durable Power of Attorney to grant power to another person
(called the "Agent" or "Attorney-in-fact") to make decisions about your money, property or both and to use your money, property
or both on your behalf. If this written Durable Power of Attorney does not limit the powers that you give your Agent, your
Agent will have broad and sweeping powers to sell or otherwise dispose of your property and spend your money without advance
notice to you or approval by you. Under this document, your Agent will continue to have these powers after you become incapacitated,
and you may also choose to authorize your Agent to use these powers before you become incapacitated. The powers that you
give your Agent are explained more fully in the Maine Revised Statutes, Title 18-A, sections 5-501 to 5-508 and in Maine case
law. You have the right to revoke or take back this Durable Power of Attorney at any time as long as you are of sound mind.
If there is anything about this Durable Power of Attorney that you do not understand, you should ask a lawyer to explain
it to you.
Notice to the Agent: As the "Agent" or "Attorney-in-fact," you are given power under this Durable Power of Attorney to make
decisions about the money, property or both belonging to the Principal and to spend the Principal's money, property or both
on that person's behalf in accordance with the terms of this Durable Power of Attorney. This Durable Power of Attorney is
valid only if the Principal is of sound mind when the Principal signs it. As the Agent, you are under a duty (called a "fiduciary
duty") to observe the standards observed by a prudent person dealing with the property of another. The duty is explained
more fully in the Maine Revised Statutes, Title 18-A, sections 5-501 to 5-508 and Title 18-B, sections 802 to 807 and chapter
9 and in Maine case law. As the Agent, you are not entitled to use the money or property for your own benefit or to make
gifts to yourself or others unless the Durable Power of Attorney specifically gives you the authority to do so. As the Agent,
your authority under this Durable Power of Attorney will end when the Principal dies and you will not have the authority to
administer the estate unless you are authorized to do so in accordance with the Probate Code. If you violate your fiduciary
duty under this Durable Power of Attorney, you may be liable for damages and may be subject to criminal prosecution. If there
is anything about this Durable Power of Attorney or your duties under it that you do not understand, you should ask a lawyer
to explain it to you."
This language does not confer powers not otherwise contained in the durable financial power of attorney.
[2005, c. 284, §2 (amd).]
(e) Subject to the requirements of subsection (b), the generality powers of an attorney-in-fact in a power of attorney that
contains language appointing the attorney-in-fact to care for, manage, control and handle all of the principal's business,
financial, property and personal affairs in as full and complete a manner as the principal might do is not limited by the
inclusion in the power of attorney of a list of the specific powers granted to the attorney-in-fact.
[1997, c. 683, Pt. C, §6 (new).]
(f) A power of attorney that contains a grant of general authority referred to in subsection (e) does not create a power of
attorney for health care unless the power of attorney explicitly authorizes the attorney-in-fact to make health care decisions.
[1997, c. 683, Pt. C, §6 (new).]
(g) The requirements of subsections (b), (c) and (d) do not render ineffective a durable financial power of attorney validly
executed prior to September 19, 1997 or a durable financial power of attorney executed prior to December 31, 1998 in accordance
with this section as in effect on September 19, 1997. The requirements of subsection (d) do not render ineffective a durable
power of attorney validly executed prior to July 1, 2005 in accordance with this section.
[2005, c. 184, §1 (amd).]
(h) The requirements of this section do not apply to any durable financial power of attorney:
(1) Granted by a person other than a natural person;
[1999, c. 118, §1 (new).]
(2) Granted to the secured party or mortgagee in a security agreement or mortgage; or
[1999, c. 118, §1 (new).]
(3) Given by or on behalf of a debtor, guarantor or accommodation party as a part of loan documentation related to a credit
transaction, if the creditor entered into the transaction for value.
[1999, c. 118, §1 (new).]
[1999, c. 118, §1 (new).]
(i) Notwithstanding subsections (c) and (d), any military power of attorney executed in accordance with 10 United States Code,
Section 1044b is valid in this State.
[2005, c. 353, §2 (new).]
Section History:
PL 1997,
Ch. 453,
§3
(NEW).
PL 1997,
Ch. 683,
§C6
(RPR).
RR 1997,
Ch. 1,
§13
(RNU).
PL 1999,
Ch. 66,
§1
(AMD).
PL 1999,
Ch. 118,
§1
(AMD).
PL 2003,
Ch. 618,
§B20
(AFF).
PL 2003,
Ch. 618,
§B8
(AMD).
PL 2005,
Ch. 184,
§1
(AMD).
PL 2005,
Ch. 284,
§1,2
(AMD).
PL 2005,
Ch. 353,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-509. In-person signature required
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-509. In-person signature required
Notwithstanding any law validating electronic or digital signatures, signatures on a durable power of attorney must be made
in person and not by electronic means.
[1999, c. 711, §1 (new).]
Section History:
PL 1999,
Ch. 711,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-510. Recognition of powers of attorney from other jurisdictions
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 5: DURABLE POWER OF ATTORNEY (HEADING: PL 1991, c. 719, @3 (new))
§5-510. Recognition of powers of attorney from other jurisdictions
Notwithstanding any contrary requirements of law, a durable or nondurable health care power of attorney or a durable or nondurable
financial power of attorney that was duly executed in another jurisdiction within the United States in compliance with the
laws of that jurisdiction is not ineffective in this State due to noncompliance with the laws of this State.
[2005, c. 284, §3 (new).]
Section History:
PL 2005,
Ch. 284,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-601. Public guardians and conservators; general
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-601. Public guardians and conservators; general
(a) In any case in which a guardian or conservator may be appointed by the court under this Article, the court may appoint a
public guardian or conservator as provided in this Part for persons who are mentally retarded and for incapacitated persons
as defined in section 5-101, paragraph (1), who are in need of protective services.
[1979, c. 540, §1 (new).]
(b) The Department of Health and Human Services shall act as the public guardian or conservator for persons with mental retardation
and for other incapacitated persons in need of protective services.
[2005, c. 397, Pt. A, §12 (amd).]
(c) Except as otherwise provided in this Part, the appointment, termination, rights and duties, and other provisions for guardians
and conservators in this Article shall apply to public guardians and conservators.
[1979, c. 540, §1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1993,
Ch. 410,
§CCC4
(AMD).
PL 1995,
Ch. 560,
§K4
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2005,
Ch. 397,
§A12
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-602. Priority of private guardian or conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-602. Priority of private guardian or conservator
No public guardian or conservator shall be appointed if the court determines that a suitable private guardian or conservator
is available and willing to assume responsibilities for such service.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-603. Exclusiveness of public guardian or conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-603. Exclusiveness of public guardian or conservator
When the court has appointed a public guardian or conservator under this Part, no other guardian or conservator, as the case
may be, shall be appointed for the same ward or protected person during the continuation of the public guardianship or public
conservatorship.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-604. Nomination of public guardian or conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-604. Nomination of public guardian or conservator
(a) Any person who is eligible to petition for appointment of a guardian under section 5-303, subsection (a), including the
commissioner of any state department, the head of any state institution, the overseers of the poor, and the welfare director
or health officer of any municipality may nominate the public guardian.
[1979, c. 540, §1 (new).]
(b) Any person who is eligible to petition for appointment of a conservator under section 5-404, subsection (a), including the
commissioner of any state department, the head of any state institution, the overseer of the poor, and the welfare director
or health officer of any municipality may nominate the public conservator.
[1979, c. 540, § 1 (new).]
(c) Except as supplemented by section 5-605, the proceedings for determining the appointment of a public guardian or conservator
shall be governed by the provisions of this Article for the appointment of guardians and conservators generally.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-605. Acceptance by public guardian or conservator; plan
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-605. Acceptance by public guardian or conservator; plan
Prior to the appointment of a public guardian or conservator, the appropriate agency nominated shall accept or reject the
nomination in writing within 30 days of its receipt of notification that it has been nominated, and if the nomination is accepted
shall file a detailed plan which, where relevant, shall include but not be limited to the type of proposed living arrangement
for the ward, how the ward's financial needs will be met, how the ward's medical and other remedial needs will be met, how
the ward's social needs will be met, and a plan for the ward's continuing contact with relatives and friends, as well as a
plan for the management of the ward's or protected person's estate in the case of a public conservatorship.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-606. Officials authorized to act as public guardian or conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-606. Officials authorized to act as public guardian or conservator
(a) When the Department of Health and Human Services is appointed public guardian or conservator of a person with mental retardation,
the authority of the public guardian or conservator must be exercised by the Commissioner of Health and Human Services and
by any persons duly delegated by the commissioner to exercise such authority.
[1995, c. 560, Pt. K, §5 (amd); §83 (aff); 2001, c. 354, §3 (amd); 2003, c. 689, Pt. B, §§6, 7 (rev).]
(b) When the Department of Health and Human Services is appointed public guardian or conservator of an incapacitated person,
the authority of the public guardian or conservator shall be exercised by the Commissioner of Health and Human Services and
by any persons duly delegated by him to exercise such authority.
[1979, c. 540, §1 (new); 2003, c. 689, Pt. B, §§6,7 (rev).]
(c) Persons duly delegated by the officials authorized to act under subsections (a) and (b) may include a staff of competent
social workers, or competent social workers assigned to the public guardian or conservator by the Department of Health and
Human Services. In the event that the delegation is to an individual, such individual must be qualified therefor by reason
of education or experience, or both, in administering to the needs of the individual or individuals over whom the individual
is to exercise administrative or supervisory authority under the public guardian.
[RR 2003, c. 2, §29 (cor).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1981,
Ch. 493,
§2
(AMD).
PL 1985,
Ch. 437,
§1
(AMD).
PL 1993,
Ch. 410,
§CCC5
(AMD).
PL 1995,
Ch. 560,
§K5,82
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2003,
Ch. 689,
§B6,7
(REV).
RR 2003,
Ch. 2,
§29
(COR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-607. Duties and powers of a public guardian or conservator
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-607. Duties and powers of a public guardian or conservator
A public guardian or conservator has the same powers, rights and duties respecting his ward or the protected person as provided
for guardians and conservators by the other parts of this Article except as otherwise specifically provided in this Part,
including the following particular provisions:
[1979, c. 540, § 1 (new).]
(1) If a public guardian places his ward in any facility described in Title 22, sections 5 and 1811, such placement shall be
made only if the facility is duly licensed. In the event that the license of any such facility is suspended or revoked, the
public guardian having any ward placed therein shall remove such ward and effect an appropriate placement of the ward as soon
as practicable after knowledge of the suspension or revocation of the license.
[1979, c. 540, § 1 (new).]
(2) The public guardian or conservator at least annually, and at any time when ordered by the court, shall review the case of
every person for whom the public guardian or conservator is acting under this Part. A report of each review shall be filed
with the court. Each review shall contain an examination and evaluation of the plan for the ward or protected person and recommendations
for a modification thereof, as deemed appropriate or necessary.
[1979, c. 540, § 1 (new).]
(3) The public guardian or conservator shall keep books of account or other records showing separately the principal amount
received, increments thereto and disbursements therefrom for the benefit of the ward or protected person, and such other records
as are appropriate for the particular situation, together with the name of the ward or protected person, the source from which
the money was received and the purpose for which the money was expended.
[1979, c. 540, § 1 (new).]
(4) The public guardian, in the absence of available next of kin, may authorize the performance of an autopsy upon the body
of the deceased ward. The public guardian, in the absence of available next of kin, or in the event that next of kin refuses
to assume responsibility therefor, shall cause any deceased ward to be suitably buried and shall have authority to expend
funds of the ward for that purpose, and in the event the ward is without funds at the time of death, the public guardian shall
cause him to be suitably buried at public expense, as in the case of the burial of any other deceased indigent person.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-608. Determination of need for guardianship of mentally retarded persons in institutions and residence facilities
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-608. Determination of need for guardianship of mentally retarded persons in institutions and residence facilities
Whenever a mentally retarded minor has been admitted to a state-operated institution or residence facility for the mentally
retarded, and has not been discharged from the institution or residence facility, the head of the institution or residence
facility shall, within 6 months prior to the 18th birthday of such mentally retarded person, cause the mentally retarded person
to be examined to ascertain whether such person will, by reason of mental retardation, be in need of guardianship on attainment
of the mentally retarded person's majority. If, in the opinion of the examiner such need will exist, the institutional or
residence facility head may advise in writing the parent, next of kin, or guardian of such minor of the need to institute
proceedings for appointment of a guardian. In the event no guardian has been appointed, or no guardianship proceedings are
pending when such minor has attained age 18, or the institutional or residence facility head has determined that nomination
of the public guardian is advisable in lieu of petition for guardianship by any of such persons, such institutional or residence
facility head shall nominate the public guardian to serve as guardian of such mentally retarded person.
[1995, c. 395, Pt. G, §6 (amd); §20 (aff).]
div>
Prior to release of any mentally retarded person from a state-operated institution or residence facility for the mentally
retarded, the head of the institution or residence facility shall cause such person to be examined to ascertain whether such
person will, by reason of mental retardation, be in need of guardianship upon release from such institution or residence facility,
and if in the opinion of such examiner such need will exist upon release, the institutional or residence facility head may
advise in writing the parent or next of kin of such mentally retarded person of the need to institute proceedings for appointment
of a guardian. If neither the parent nor next of kin is willing to institute proceedings for the appointment of a guardian
for such mentally retarded person, or the institutional or residence facility head has determined that nomination of the public
guardian is advisable in lieu of petition for guardianship by any of such persons, the institutional or residence facility
head shall, prior to the release of such mentally retarded person, nominate the public guardian.
[1995, c. 395, Pt. G, §6 (amd); §20 (aff).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1995,
Ch. 395,
§G20
(AFF).
PL 1995,
Ch. 395,
§G6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-609. No change in rights to services
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-609. No change in rights to services
The appointment of a public guardian or conservator in no way enlarges or diminishes the ward's or protected person's right
to services made available to all mentally retarded or incapacitated persons in the State except for the provision of guardianship
or conservatorship services as provided under this Article.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-610. No change in powers and duties of agency heads and trustees
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-610. No change in powers and duties of agency heads and trustees
Nothing in this Article shall abrogate any other powers or duties vested by law in the head of any public institution, or
vested by the settlor of a trust in the trustee thereof, for the benefit of any ward or protected person for whom the public
guardian or conservator is appointed.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-611. Bond
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-611. Bond
The public guardian or conservator shall not be required to file bonds in individual guardianships or conservatorships, but
shall give a surety bond for the joint benefit of the wards or protected persons placed under the responsibility of the public
guardian or conservator and the State of Maine, with a surety company or companies authorized to do business within the State,
in an amount not less than the total value of all assets held by the public guardian or conservator, which amount shall be
computed at the end of each state fiscal year and approved by the judge of the probate court for Kennebec County. At no time
shall the bond of each of the public guardians or conservators be less than $500 respectively.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-612. Compensation
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-612. Compensation
(a) The public guardian or conservator shall receive such reasonable amounts for its expenses as guardian or conservator as
the Probate Court may allow. The amounts so allowed shall be allocated to an account from which may be drawn expenses for
filing fees, bond premiums, court costs and other expenses required in the administration of the functions of the public guardian
or conservator. No amounts thus received may inure to the benefit of any employee of the public guardian or conservator.
Any balance in the account at the end of a fiscal year shall not lapse but shall be carried forward from year to year and
used for the purposes provided for in this subsection.
[1987, c. 295 (amd).]
(b) Any personal expenditures made on the ward's or protected person's behalf by the public guardian or conservator shall, when
properly evidenced, be reimbursed out of the ward's or protected person's estate. Claims for services rendered by state agencies
shall be submitted to the probate judge for approval before payment.
[1987, c. 295 (amd).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1987,
Ch. 295,
§
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-613. Incapacitated persons; guardian ad litem costs
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-613. Incapacitated persons; guardian ad litem costs
(1) When the following occur, the costs of the guardian ad litem or any other special costs may be paid by the Department of
Health and Human Services, within the limits of the department's budget:
(a) An allegedly incapacitated person is in need of protective services and:
(1) A guardian ad litem is appointed under the provisions of this Code; or
(2) A court incurs special costs in a proceeding concerning such a person; and
[1995, c. 560, Pt. K, §6 (amd); §83 (aff).]
(b) Appointment of a public guardian or conservator is sought or the allegedly incapacitated person, within 3 months prior to
the filing of the petition:
(1) Is or has been a client of the Department of Health and Human Services; or
(3) Has received services from a worker from the Department of Health and Human Services.
[2005, c. 397, Pt. A, §13 (amd).]
[2005, c. 397, Pt. A, §13 (amd).]
(2) Exception." Headnote=" The Division of Mental Retardation or the Department of Health and Human Services is not liable
for the costs set out in subsection (1) if the division or the department can demonstrate that the allegedly incapacitated
person has assets against which the costs may be assessed or that another more appropriate funding source is available and
subject to the court's jurisdiction.
[1993, c. 410, Pt. CCC, §6 (amd); 2003, c. 689, Pt. B, §6 (rev).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
PL 1983,
Ch. 241,
§3
(AMD).
PL 1985,
Ch. 817,
§
(RPR).
PL 1993,
Ch. 410,
§CCC6
(AMD).
PL 1995,
Ch. 560,
§K6
(AMD).
PL 1995,
Ch. 560,
§K83
(AFF).
PL 2001,
Ch. 354,
§3
(AMD).
PL 2003,
Ch. 689,
§B6
(REV).
PL 2005,
Ch. 397,
§A13
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-614. Limited public guardianships
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 6: PUBLIC GUARDIAN AND CONSERVATOR
§5-614. Limited public guardianships
The provisions of section 5-105 apply to the appointment of public guardians.
[1979, c. 540, § 1 (new).]
Section History:
PL 1979,
Ch. 540,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-701. Short title and definitions (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-701. Short title and definitions (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1991,
Ch. 441,
§1
(RPR).
PL 1991,
Ch. 719,
§4
(AMD).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-702. Declaration relating to use of life-sustaining treatment (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-702. Declaration relating to use of life-sustaining treatment (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1991,
Ch. 191,
§
(AMD).
PL 1991,
Ch. 441,
§2
(AMD).
PL 1991,
Ch. 719,
§5
(AMD).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-703. When declaration operative (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-703. When declaration operative (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1991,
Ch. 719,
§6
(AMD).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-704. Revocation of declaration (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-704. Revocation of declaration (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-705. Recording determination of terminal condition or persistent vegetative state and declaration (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-705. Recording determination of terminal condition or persistent vegetative state and declaration (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1991,
Ch. 719,
§7
(AMD).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-706. Treatment of qualified patients (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-706. Treatment of qualified patients (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-707. Consent by others to withdrawal or withholding of treatment (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-707. Consent by others to withdrawal or withholding of treatment (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1991,
Ch. 441,
§3
(AMD).
PL 1991,
Ch. 719,
§8,9
(AMD).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-708. Transfer of patients (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-708. Transfer of patients (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-709. Immunities (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-709. Immunities (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-710. Penalties (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-710. Penalties (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-711. Miscellaneous provisions (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-711. Miscellaneous provisions (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1991,
Ch. 719,
§10
(AMD).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-712. When health-care provider may presume validity of declaration (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-712. When health-care provider may presume validity of declaration (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-713. Recognition of declaration executed in another state (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-713. Recognition of declaration executed in another state (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-714. Effect of previous declaration (REPEALED)
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 7: LIVING WILLS (HEADING: PL 1995, c. 378, Pt. B, @4 (rp))
§5-714. Effect of previous declaration (REPEALED)
Section History:
PL 1989,
Ch. 830,
§1
(NEW).
PL 1995,
Ch. 378,
§B4
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-801. Definitions
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-801. Definitions
As used in this Part, unless the context otherwise indicates, the following terms have the following meanings.
[1995, c. 378, Pt. A, §1 (new).]
(a) "Advance health-care directive" means an individual instruction from, or a power of attorney for health care by, an individual
with capacity.
[1995, c. 378, Pt. A, §1 (new).]
(b) "Agent" means an individual with capacity designated in a power of attorney for health care to make a health-care decision
for the individual granting the power.
[1995, c. 378, Pt. A, §1 (new).]
(c) "Capacity" means the ability to have a basic understanding of the diagnosed condition and to understand the significant benefits,
risks and alternatives to the proposed health care and the consequences of foregoing the proposed treatment, the ability to
make and communicate a health care decision and the ability to understand the consequences of designating an agent or surrogate
to make health-care decisions.
[1995, c. 378, Pt. A, §1 (new).]
(d) "Guardian" means a judicially appointed guardian or conservator having authority to make a health-care decision for an individual.
[1995, c. 378, Pt. A, §1 (new).]
(e) "Health care" means any care, treatment, service or procedure to maintain, diagnose or otherwise affect an individual's
physical or mental condition.
[1995, c. 378, Pt. A, §1 (new).]
(f) "Health-care decision" means a decision made by an individual with capacity or by the individual's agent, guardian or surrogate,
regarding the individual's health care, including:
(1) Selection and discharge of health-care providers and institutions;
[1995, c. 378, Pt. A, §1 (new).]
(2) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication and orders not to resuscitate;
and
[1995, c. 378, Pt. A, §1 (new).]
(3) Directions to provide, withhold or withdraw artificial nutrition and hydration and all other forms of health care, including
life-sustaining treatment.
[1995, c. 378, Pt. A, §1 (new).]
[1995, c. 378, Pt. A, §1 (new).]
(g) "Health-care institution" means an institution, facility or agency licensed, certified or otherwise authorized or permitted
by law to provide health care in the ordinary course of business.
[1995, c. 378, Pt. A, §1 (new).]
(h) "Health-care provider" means an individual licensed, certified or otherwise authorized or permitted by law to provide health
care in the ordinary course of business or practice of a profession.
[1995, c. 378, Pt. A, §1 (new).]
(i) "Individual instruction" means a direction from an individual with capacity concerning a health-care decision for the individual.
[1995, c. 378, Pt. A, §1 (new).]
(j) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government,
governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
[1995, c. 378, Pt. A, §1 (new).]
(k) "Physician" means an individual authorized to practice medicine under Title 32.
[1995, c. 378, Pt. A, §1 (new).]
(l) "Power of attorney for health care" means the designation of an agent with capacity to make health-care decisions for the
individual granting the power.
[1995, c. 378, Pt. A, §1 (new).]
(m) "Primary physician" means a physician designated by an individual with capacity or by the individual's agent, guardian or
surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated
physician is not reasonably available, a physician who undertakes the responsibility.
[1995, c. 378, Pt. A, §1 (new).]
(n) "Reasonably available" means readily able to be contacted without undue effort and willing and able to act in a timely manner
considering the urgency of the patient's health-care needs.
[1995, c. 378, Pt. A, §1 (new).]
(o) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or
insular possession subject to the jurisdiction of the United States.
[1995, c. 378, Pt. A, §1 (new).]
(p) "Supervising health-care provider" means the primary physician or, if there is no primary physician or the primary physician
is not reasonably available, the health-care provider who has undertaken primary responsibility for an individual's health
care.
[1995, c. 378, Pt. A, §1 (new).]
(q) "Surrogate" means an individual with capacity, other than a patient's agent or guardian, authorized under this Part to make
health care decisions as provided in section 5-805.
[1999, c. 411, §1 (amd).]
(r) "Life-sustaining treatment" means any medical procedure or intervention that, when administered to a person without capacity
and in either a terminal condition or a persistent vegetative state, will serve only to prolong the process of dying. "Life-sustaining
treatment" may include artificially administered nutrition and hydration, which is the provision of nutrients and liquids
through the use of tubes, intravenous procedures or similar medical interventions.
[1995, c. 378, Pt. A, §1 (new).]
(s) "Persistent vegetative state" means a state that occurs after coma in which the patient totally lacks higher cortical and
cognitive function, but maintains vegetative brain stem processes, with no realistic possibility of recovery, as diagnosed
in accordance with acceptable medical standards.
[1995, c. 378, Pt. A, §1 (new).]
(t) "Terminal condition" means an incurable and irreversible condition that, without the administration of life-sustaining treatment,
in the opinion of the primary physician, will result in death within a relatively short time.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
PL 1999,
Ch. 411,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-802. Advance health-care directives
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-802. Advance health-care directives
(a) An adult or emancipated minor with capacity may give an individual instruction. The instruction may be oral or written.
The instruction may be limited to take effect only if a specified condition arises. An oral instruction is valid only if
made to a health-care provider or to an individual who may serve as a surrogate under section 5-805, subsection (b).
[1995, c. 378, Pt. A, §1 (new).]
(b) An adult or emancipated minor with capacity may execute a power of attorney for health care, which may authorize the agent
to make any health-care decision the principal could have made while having capacity. The power must be in writing and signed
by the principal and 2 witnesses. Notwithstanding any law validating electronic or digital signatures, signatures of the
principal and witnesses must be made in person and not by electronic means. The power remains in effect notwithstanding the
principal's later incapacity and may include individual instructions. Unless related to the principal by blood, marriage
or adoption, an agent may not be an owner, operator or employee of a residential long-term health-care institution at which
the principal is receiving care.
[1999, c. 711, §2 (amd).]
(c) Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon
a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has
recovered capacity.
[1995, c. 378, Pt. A, §1 (new).]
(d) Unless otherwise specified in a written advance health-care directive, a determination that an individual lacks or has recovered
capacity or that another condition exists that affects an individual instruction, the authority of an agent or the validity
of an advance health-care directive must be made by the primary physician, by a court of competent jurisdiction or, for an
individual who has included a directive authorizing mental health treatment in an advance health-care directive, by a person
qualified to conduct an examination pursuant to Title 34-B, section 3863.
[1999, c. 423, §1 (amd).]
(e) An agent shall make a health-care decision in accordance with the principal's individual instructions, if any, and other
wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent's determination
of the principal's best interest. In determining the principal's best interest, the agent shall consider the principal's
personal values to the extent known to the agent.
[1995, c. 378, Pt. A, §1 (new).]
(f) A health-care decision made by an agent for a principal is effective without judicial approval.
[1995, c. 378, Pt. A, §1 (new).]
(g) A written advance health-care directive may include the individual's nomination of a guardian of the person.
[1995, c. 378, Pt. A, §1 (new).]
(h) An advance health-care directive is valid for purposes of this Part if it complies with this Part, regardless of when or
where executed or communicated, or if valid under the laws of the state in which it was executed. An advance health-care
directive that is valid where executed or communicated is valid for the purposes of this Part.
[2005, c. 284, §4 (amd).]
(i) An advance health care directive is valid for purposes of directing mental health treatment. The terms of the directive
must be construed in accordance with this Part and Title 34-B, sections 3831 and 3862.
[1999, c. 423, §2 (new).]
(j) A surrogate or an agent named in an advance health-care directive has the power and authority to serve as the personal representative
of the patient who executed the health care directive for all purposes of the federal Health Insurance Portability and Accountability
Act of 1996, 42 United States Code, Section 1320d et seq. and its regulations, 45 Code of Federal Regulations 160-164. The
surrogate or agent has all the rights of the patient with respect to the use and disclosure of the individually identifiable
health information and other medical records of the patient.
[2003, c. 618, Pt. C, §2 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
PL 1999,
Ch. 423,
§1,2
(AMD).
PL 1999,
Ch. 711,
§2
(AMD).
PL 2003,
Ch. 618,
§C2
(AMD).
PL 2005,
Ch. 284,
§4
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-803. Revocation of advance health-care directive
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-803. Revocation of advance health-care directive
(a) An individual with capacity may revoke the designation of an agent only by a signed writing or by personally informing the
supervising health-care provider.
[1995, c. 378, Pt. A, §1 (new).]
(b) An individual with capacity may revoke all or part of an advance health-care directive, other than the designation of an
agent, at any time and in any manner that communicates an intent to revoke.
[1995, c. 378, Pt. A, §1 (new).]
(c) A health-care provider, agent, guardian or surrogate who is informed of a revocation by an individual with capacity shall
promptly communicate the fact of the revocation to the supervising health-care provider and to any health-care institution
at which the patient is receiving care.
[1995, c. 378, Pt. A, §1 (new).]
(d) A decree of annulment, divorce, dissolution of marriage or legal separation revokes a previous designation of a spouse as
agent unless otherwise specified in the decree or in a power of attorney for health care.
[1995, c. 378, Pt. A, §1 (new).]
(e) An advance health-care directive that conflicts with an earlier advance health-care directive revokes the earlier directive
to the extent of the conflict.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-804. Optional form
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-804. Optional form
The following form may, but need not, be used to create an advance health-care directive. The other sections of this Part
govern the effect of this or any other writing used to create an advance health-care directive. An individual with capacity
may complete or modify all or any part of the following form.
p align="center">ADVANCE HEALTH-CARE DIRECTIVE
p align="center">Explanation
[1995, c. 378, Pt. A, §1 (new).]p align="center">REVISOR'S NOTE: The first 2 lines of the form will go with the first indented paragraph for purposes of history and amendment.
div>
You have the right to give instructions about your own health care. You also have the right to name someone else to make
health-care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes
regarding donation of organs and the designation of your primary physician. If you use this form, you may complete or modify
all or any part of it. You are free to use a different form.
[1995, c. 378, Pt. A, §1 (new).]
div>
Part 1 of this form is a power of attorney for health care. Part 1 lets you name another individual as agent to make health-care
decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions
for you now even though you are still capable. You may also name an alternate agent to act for you if your first choice is
not willing, able or reasonably available to make decisions for you. Unless related to you, your agent may not be an owner,
operator or employee of a residential long-term health-care institution at which you are receiving care.
[1995, c. 378, Pt. A, §1 (new).]
div>
Unless the form you sign limits the authority of your agent, your agent may make all health-care decisions for you. This
form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish
to rely on your agent for all health-care decisions that may have to be made. If you choose not to limit the authority of
your agent, your agent will have the right to:
[1995, c. 378, Pt. A, §1 (new).]
(a) Consent or refuse consent to any care, treatment, service or procedure to maintain, diagnose or otherwise affect a physical
or mental condition;
[1995, c. 378, Pt. A, §1 (new).]
(b) Select or discharge health-care providers and institutions;
[1995, c. 378, Pt. A, §1 (new).]
(c) Approve or disapprove diagnostic tests, surgical procedures, programs of medication and orders not to resuscitate; and
[1995, c. 378, Pt. A, §1 (new).]
(d) Direct the provision, withholding or withdrawal of artificial nutrition and hydration and all other forms of health care,
including life-sustaining treatment.
[1995, c. 378, Pt. A, §1 (new).]
div>
Part 2 of this form lets you give specific instructions about any aspect of your health care. Choices are provided for you
to express your wishes regarding the provision, withholding or withdrawal of treatment to keep you alive, including the provision
of artificial nutrition and hydration, as well as the provision of pain relief. Space is also provided for you to add to
the choices you have made or for you to write out any additional wishes.
[1995, c. 378, Pt. A, §1 (new).]
div>
Part 3 of this form lets you express an intention to donate your bodily organs and tissues following your death.
[1995, c. 378, Pt. A, §1 (new).]
div>
Part 4 of this form lets you designate a physician to have primary responsibility for your health care.
[1995, c. 378, Pt. A, §1 (new).]
div>
After completing this form, sign and date the form at the end. You must have 2 other individuals sign as witnesses. Give
a copy of the signed and completed form to your physician, to any other health-care providers you may have, to any health-care
institution at which you are receiving care and to any health-care agents you have named. You should talk to the person you
have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility.
[1995, c. 378, Pt. A, §1 (new).]
div>
You have the right to revoke this advance health-care directive or replace this form at any time.
[1995, c. 378, Pt. A, §1 (new).]
p align="center">REVISOR'S NOTE: Each Part in this form carries its own history.
p align="center">' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '
p align="center">PART 1
p align="center">POWER OF ATTORNEY FOR HEALTH CARE
(1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me:
.......................................................
(name of individual you choose as agent)
.......................................................
(address) (city) (state) (zip code)
.......................................................
(home phone) (work phone)
div>
OPTIONAL: If I revoke my agent's authority or if my agent is not willing, able or reasonably available to make a health-care
decision for me, I designate as my first alternate agent:
p align="center">.......................................................
p align="center">(name of individual you choose as first alternate agent)
p align="center">.......................................................
p align="center"> (address) (city) (state) (zip code)
p align="center">.......................................................
p align="center"> (home phone) (work phone)
div>
OPTIONAL: If I revoke the authority of my agent and first alternate agent or if neither is willing, able or reasonably available
to make a health-care decision for me, I designate as my second alternate agent:
p align="center">.......................................................
p align="center">(name of individual you choose as second alternate agent)
p align="center">.......................................................
p align="center"> (address) (city) (state) (zip code)
p align="center">.......................................................
p align="center"> (home phone) (work phone)
(2) AGENT'S AUTHORITY: My agent is authorized to make all health-care decisions for me, including decisions to provide, withhold
or withdraw artificial nutrition and hydration and all other forms of health care to keep me alive, except as I state here:
.......................................................
.......................................................
.......................................................
(Add additional sheets if needed.)
(3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: My agent's authority becomes effective when my primary physician determines that
I am unable to make my own health-care decisions unless I mark the following box. If I mark this box [ ], my agent's authority
to make health-care decisions for me takes effect immediately.
(4) AGENT'S OBLIGATION: My agent shall make health-care decisions for me in accordance with this power of attorney for health
care, any instructions I give in Part 2 of this form and my other wishes to the extent known to my agent. To the extent my
wishes are unknown, my agent shall make health-care decisions for me in accordance with what my agent determines to be in
my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.
(5) NOMINATION OF GUARDIAN: If a guardian of my person needs to be appointed for me by a court, I nominate the agent designated
in this form. If that agent is not willing, able or reasonably available to act as guardian, I nominate the alternate agents
whom I have named, in the order designated.
[2003, c. 688, Pt. M, §1 (amd); §2 (aff).]
PART 2
INSTRUCTIONS FOR HEALTH CARE
div>
If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill
out this part of the form. If you do fill out this part of the form, you may strike any wording you do not want.
(6) END-OF-LIFE DECISIONS: I direct that my health-care providers and others involved in my care provide, withhold or withdraw
treatment in accordance with the choice I have marked below:
p align="center">[ ] (a) Choice Not To Prolong Life
div>
I do not want my life to be prolonged if (i) I have an incurable and irreversible condition that will result in my death within
a relatively short time, (ii) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness,
or (iii) the likely risks and burdens of treatment would outweigh the expected benefits, OR
p align="center">[ ] (b) Choice To Prolong Life
div>
I want my life to be prolonged as long as possible within the limits of generally accepted health-care standards.
(7) ARTIFICIAL NUTRITION AND HYDRATION: Artificial nutrition and hydration must be provided, withheld or withdrawn in accordance
with the choice I have made in paragraph (6) unless I mark the following box. If I mark this box [ ], artificial nutrition
and hydration must be provided regardless of my condition and regardless of the choice I have made in paragraph (6).
(8) RELIEF FROM PAIN: Except as I state in the following space, I direct that treatment for alleviation of pain or discomfort
be provided at all times, even if it hastens my death:
.......................................................
.......................................................
(9) OTHER WISHES: (If you do not agree with any of the optional choices above and wish to write your own, or if you wish to
add to the instructions you have given above, you may do so here.) I direct that:
.......................................................
.......................................................
(Add additional sheets if needed)
[1995, c. 378, Pt. A, §1 (new).]
PART 3
DONATION OF ORGANS AT DEATH
(OPTIONAL)
(10) Upon my death (mark applicable box)
p align="center">[ ] (a) I give any needed organs, tissues or parts, OR
p align="center">[ ] (b) I give the following organs, tissues or parts only
p align="center">.........................................
p align="center"> (c) My gift is for the following purposes (strike any of the following you do not want)
p align="center"> (i) Transplant
p align="center"> (ii) Therapy
p align="center"> (iii) Research
p align="center"> (iv) Education
[1995, c. 378, Pt. A, §1 (new).]p align="center">PART 4
p align="center">PRIMARY PHYSICIAN
p align="center"> (OPTIONAL)
(11) I designate the following physician as my primary physician:
.......................................................
(name of physician)
.......................................................
(address) (city) (state) (zip code)
.......................................................
(phone)
div>
OPTIONAL: If the physician I have designated above is not willing, able or reasonably available to act as my primary physician,
I designate the following physician as my primary physician:
p align="center">.......................................................
p align="center">(name of physician)
p align="center">.......................................................
p align="center"> (address) (city) (state) (zip code)
p align="center">.......................................................
p align="center">(phone)
p align="center">' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' '
(12) EFFECT OF COPY: A copy of this form has the same effect as the original.
(13) SIGNATURES: Sign and date the form here:
....................... ..............................
(date) (sign your name)
.......................................................
(address) (print your name)
.............................
(city) (state)
SIGNATURES OF WITNESSES:
First witness Second witness
.......................................................
(print name) (print name)
.......................................................
(address) (address)
.......................................................
(city) (state) (city) (state)
.......................................................
(signature of witness) (signature of witness)
.......................................................
(date) (date)
[1995, c. 625, Pt. B, §4 (amd).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
PL 1995,
Ch. 625,
§B4
(AMD).
PL 2003,
Ch. 618,
§C3
(AMD).
PL 2003,
Ch. 688,
§M1
(AMD).
PL 2003,
Ch. 688,
§M2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-805. Decisions by surrogate
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-805. Decisions by surrogate
(a) A surrogate may make a decision to withhold or withdraw life-sustaining treatment for a patient who is an adult or emancipated
minor if the patient has been determined by the primary physician to lack capacity, no agent or guardian has been appointed
or the agent or guardian is not reasonably available and the patient is in a terminal condition or a persistent vegetative
state as determined by the primary physician.
A surrogate also is authorized to make any other health care decision for a patient who is an adult or emancipated minor if
the patient has been determined by the primary physician to lack capacity and no agent or guardian exists, except that a surrogate
may not deny surgery, procedures or other interventions that are lifesaving and medically necessary.
A medically necessary procedure is one providing the most patient-appropriate intervention or procedure that can be safely
and effectively given.
[1999, c. 411, §2 (amd).]
(b) Any member of the following classes of the patient's family who is reasonably available, in descending order of priority,
may act as surrogate:
(1) The spouse, unless legally separated;
[1995, c. 378, Pt. A, §1 (new).]
(1-A) An adult who shares an emotional, physical and financial relationship with the patient similar to that of a spouse;
[1999, c. 411, §3 (new).]
(2) An adult child;
[1995, c. 378, Pt. A, §1 (new).]
(3) A parent;
[1995, c. 378, Pt. A, §1 (new).]
(4) An adult brother or sister;
[1995, c. 378, Pt. A, §1 (new).]
(5) An adult grandchild;
[1995, c. 378, Pt. A, §1 (new).]
(6) An adult niece or nephew, related by blood or adoption;
[1995, c. 378, Pt. A, §1 (new).]
(7) An adult aunt or uncle, related by blood or adoption; or
[1995, c. 378, Pt. A, §1 (new).]
(8) Another adult relative of the patient, related by blood or adoption, who is familiar with the patient's personal values
and is reasonably available for consultation.
[1995, c. 378, Pt. A, §1 (new).]
[1999, c. 411, §3 (amd).]
(c) If none of the individuals eligible to act as surrogate under subsection (b) is reasonably available, an adult who has exhibited
special concern for the patient, who is familiar with the patient's personal values and who is reasonably available may act
as surrogate.
[1995, c. 378, Pt. A, §1 (new).]
(d) A surrogate shall communicate the surrogate's assumption of authority as promptly as practicable to the members of the patient's
family specified in subsection (b) who can be readily contacted.
[1995, c. 378, Pt. A, §1 (new).]
(e) If more than one member of a class assumes authority to act as surrogate and they, or members of different classes who are
reasonably available, do not agree on a health-care decision and the supervising health-care provider is so informed, the
supervising health-care provider may comply with the decision of the class having priority or a majority of the members of
that class who have communicated their views to the provider. The health-care provider may refer the members of the class
or classes to a neutral 3rd party for assistance in resolving the dispute or to a court of competent jurisdiction. If the
class is evenly divided concerning the health-care decision and the supervising health-care provider is so informed, that
class and all individuals having lower priority are disqualified from making the decision.
[1995, c. 378, Pt. A, §1 (new).]
(f) A surrogate shall make a health-care decision in accordance with the patient's individual instructions, if any, and other
wishes to the extent known to the surrogate. Otherwise, the surrogate shall make the decision in accordance with the surrogate's
determination of the patient's best interest and in good faith. In determining the patient's best interest, the surrogate
shall consider the patient's personal values to the extent known to the surrogate. A consent is not valid if it conflicts
with the intention of the patient previously expressed to the surrogate.
[1995, c. 378, Pt. A, §1 (new).]
(g) A health-care decision made by a surrogate for a patient lacking capacity is effective without judicial approval.
[1995, c. 378, Pt. A, §1 (new).]
(h) An individual with capacity at any time may disqualify another, including a member of the individual's family, from acting
as the individual's surrogate by a signed writing or by personally informing the supervising health-care provider of the disqualification.
[1995, c. 378, Pt. A, §1 (new).]
(i) A surrogate may not be an owner, operator or employee of a residential long-term health-care institution at which the patient
is receiving care unless the surrogate is one of the following:
(1) The spouse of the patient;
[1995, c. 378, Pt. A, §1 (new).]
(2) An adult child of the patient;
[1995, c. 378, Pt. A, §1 (new).]
(3) A parent of the patient; or
[1995, c. 378, Pt. A, §1 (new).]
(4) A relative of the patient with whom the patient has resided for more than 6 months prior to the decision.
[1995, c. 378, Pt. A, §1 (new).]
[1995, c. 378, Pt. A, §1 (new).]
(j) A supervising health-care provider may require an individual claiming the right to act as surrogate for a patient to provide
a written declaration under penalty of perjury stating facts and circumstances reasonably sufficient to establish the claimed
authority.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
PL 1999,
Ch. 411,
§2,3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-806. Decisions by guardian
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-806. Decisions by guardian
(a) Except as authorized by a court of competent jurisdiction, a guardian shall comply with the ward's individual instructions
and other wishes, if any, expressed while the ward had capacity and to the extent known to the guardian, and may not revoke
the ward's advance health-care directive unless the appointing court expressly so authorizes.
[1995, c. 378, Pt. A, §1 (new).]
(b) Absent a court order to the contrary, a health-care decision of an agent takes precedence over that of a guardian.
[1995, c. 378, Pt. A, §1 (new).]
(c) A health-care decision made by a guardian for the ward is effective without judicial approval, except under the following
circumstances:
(1) The guardian's decision is contrary to the ward's individual instructions and other wishes, expressed while the ward had
capacity; or
[1995, c. 378, Pt. A, §1 (new).]
(2) The guardian seeks to withhold or withdraw life-sustaining treatment from the ward, against the advice of the ward's primary
physician and in the absence of instructions from the ward, made while the ward had capacity.
[1995, c. 378, Pt. A, §1 (new).]
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-807. Obligations of health-care provider
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-807. Obligations of health-care provider
(a) Before implementing a health-care decision made for a patient, a supervising health-care provider, if possible, shall promptly
communicate to the patient the decision made and the identity of the person making the decision.
[1995, c. 378, Pt. A, §1 (new).]
(b) A supervising health-care provider who knows of the existence of an advance health-care directive, a revocation of an advance
health-care directive or a designation or disqualification of a surrogate shall promptly record its existence in the patient's
health-care record and, if it is in writing, shall request a copy and if one is furnished shall arrange for its maintenance
in the health-care record.
[1995, c. 378, Pt. A, §1 (new).]
(c) A primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity or that another
condition exists that affects an individual instruction or the authority of an agent, guardian, or surrogate or the validity
of an advance health-care directive shall promptly record the determination in the patient's health-care record and communicate
the determination to the patient, if possible, and to any person then authorized to make health-care decisions for the patient.
[1995, c. 378, Pt. A, §1 (new).]
(d) Except as provided in subsections (e) and (f), a health-care provider or institution providing care to a patient shall:
(1) Comply with an individual instruction of the patient and with a reasonable interpretation of that instruction made by a
person then authorized to make health-care decisions for the patient; and
[1995, c. 378, Pt. A, §1 (new).]
(2) Comply with a health-care decision for the patient made by a person then authorized to make health-care decisions for the
patient to the same extent as if the decision had been made by the patient while having capacity.
[1995, c. 378, Pt. A, §1 (new).]
[1995, c. 378, Pt. A, §1 (new).]
(e) A health-care provider may decline to comply with an individual instruction or health-care decision if the instruction or
decision appears not to be in compliance with this Act or for reasons of conscience. A health-care institution may decline
to comply with an individual instruction or health-care decision if the instruction or decision appears not to be in compliance
with this Act or if the instruction or decision is contrary to a policy of the institution that is expressly based on reasons
of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health-care
decisions for the patient.
[1995, c. 378, Pt. A, §1 (new).]
(f) A health-care provider or institution may decline to comply with an individual instruction or health-care decision that
requires medically ineffective health care or health care contrary to generally accepted health-care standards applicable
to the health-care provider or institution.
[1995, c. 378, Pt. A, §1 (new).]
(g) A health-care provider or institution that declines to comply with an individual instruction or health-care decision shall:
(1) Promptly so inform the patient, if possible, and any person then authorized to make health-care decisions for the patient;
[1995, c. 378, Pt. A, §1 (new).]
(2) Provide continuing care to the patient until a transfer can be effected or a court of competent jurisdiction issues a final
order regarding the decision; and
[1995, c. 378, Pt. A, §1 (new).]
(3) Unless the patient or person then authorized to make health-care decisions for the patient refuses assistance, immediately
make all reasonable efforts to assist in the transfer of the patient to another health-care provider or institution that is
willing to comply with the instruction or decision.
[1995, c. 378, Pt. A, §1 (new).]
[1995, c. 378, Pt. A, §1 (new).]
(h) A health-care provider or institution may not require or prohibit the execution or revocation of an advance health-care
directive as a condition for providing health care.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-808. Health-care information
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-808. Health-care information
Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for
a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or
any other health-care information.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-809. Immunities
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-809. Immunities
(a) A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards
applicable to the health-care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional
conduct for:
(1) Complying with a health-care decision of a person apparently having authority and capacity to make a health-care decision
for a patient, including a decision to withhold or withdraw health care;
[1995, c. 378, Pt. A, §1 (new).]
(2) Declining to comply with a health-care decision of a person based on a belief that the person then lacked authority or capacity,
or that the decision otherwise does not comply with this Act;
[1995, c. 378, Pt. A, §1 (new).]
(3) Complying with an advance health-care directive and assuming that the directive was valid when made and has not been revoked
or terminated; or
[1995, c. 378, Pt. A, §1 (new).]
(4) Seeking judicial relief from a court of competent jurisdiction.
[1995, c. 378, Pt. A, §1 (new).]
[1995, c. 378, Pt. A, §1 (new).]
(b) An individual acting as agent, guardian or surrogate under this Part is not subject to civil or criminal liability or to
discipline for unprofessional conduct for health-care decisions made in good faith.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-810. Statutory damages
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-810. Statutory damages
(a) A health-care provider or institution that intentionally violates this Part is subject to liability to the aggrieved individual
for damages of $500 or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees.
[1995, c. 378, Pt. A, §1 (new).]
(b) A person who intentionally falsifies, forges, conceals, defaces or obliterates an individual's advance health-care directive
or a revocation of an advance health-care directive without the individual's consent, or who coerces or fraudulently induces
an individual to give, revoke or not to give an advance health-care directive, is subject to liability to that individual
for damages of $2,500 or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-811. Capacity
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-811. Capacity
(a) This Part does not affect the right of an individual to make health-care decisions while having capacity to do so.
[1995, c. 378, Pt. A, §1 (new).]
(b) An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive
and to designate or disqualify a surrogate. This presumption may be rebutted by a determination by the individual's primary
physician or by a court of competent jurisdiction.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-812. Effect of copy
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-812. Effect of copy
A copy of a written advance health-care directive, revocation of an advance health-care directive or designation or disqualification
of a surrogate has the same effect as the original.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-813. Effect of Part
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-813. Effect of Part
(a) This Part does not create a presumption concerning the intention of an individual who has not made or who has revoked an
advance health-care directive.
[1995, c. 378, Pt. A, §1 (new).]
(b) Death resulting from the withholding or withdrawal of health care in accordance with this Part does not for any purpose
constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit,
notwithstanding any term of the policy or annuity to the contrary.
[1995, c. 378, Pt. A, §1 (new).]
(c) This Part does not authorize mercy killing, assisted suicide, euthanasia or the provision, withholding, or withdrawal of
health care to the extent prohibited by other statutes of this State.
[1995, c. 378, Pt. A, §1 (new).]
(d) This Part does not authorize or require a health-care provider or institution to provide health care contrary to generally
accepted health-care standards applicable to the health-care provider or institution.
[1995, c. 378, Pt. A, §1 (new).]
(e) This Part does not authorize an agent or surrogate to consent to the admission of an individual to a mental health-care institution
unless the individual's written advance health-care directive expressly so provides.
[1995, c. 378, Pt. A, §1 (new).]
(f) This Part does not affect other statutes of this State governing treatment for mental illness of an individual involuntarily
committed to a mental health-care institution.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-814. Judicial relief
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-814. Judicial relief
On petition of a patient, the patient's agent, guardian or surrogate, a health-care or social services provider or institution
involved with the patient's care, a state agency mandated to provide adult protective services pursuant to Title 22, sections
3472 to 3487, or an adult relative or adult friend of the patient, the court may enjoin or direct a health-care decision or
other equitable relief.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-815. Uniformity of application and construction
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-815. Uniformity of application and construction
This Part must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject
matter of this Part among states enacting it.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-816. Short title
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-816. Short title
This Part may be cited as the Uniform Health-care Decisions Act.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-817. Effective date
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-817. Effective date
This Part takes effect on October 1, 1995.
[1995, c. 378, Pt. A, §1 (new).]
Section History:
PL 1995,
Ch. 378,
§A1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 18-A - §5-818. Military advanced medical directives
Title 18-A: PROBATE CODE
Article V: Protection of Persons under Disability and Their Property
Part 8: UNIFORM HEALTH-CARE DECISIONS ACT (HEADING: PL 1995, c. 378, Pt. A, @1 (new))
§5-818. Military advanced medical directives
A military advanced medical directive executed in accordance with 10 United States Code, Section 1044c is valid in this State.
[2005, c. 353, §3 (new).]
Section History:
PL 2005,
Ch. 353,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 
