2020 Maine Revised Statutes
TITLE 18-C: PROBATE CODE
Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS
Part 4: CONSERVATORSHIP
18-C §5-402. Petition for appointment of conservator

§5-402. Petition for appointment of conservator

1.  Petitioner.  The following may petition for the appointment of a conservator:  

A. The individual for whom the order is sought;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

B. A person interested in the estate, financial affairs or welfare of the individual, including a person that would be adversely affected by lack of effective management of property and financial affairs of the individual; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

C. The guardian of the individual.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2.  Contents.  A petition under subsection 1 must set forth the petitioner's name, principal residence, current street address, if different, relationship to the respondent and interest in the appointment and state or contain the following to the extent known:  

A. The respondent's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the respondent will reside if the petition is granted;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

B. The name and address of the respondent's:  

(1) Spouse or domestic partner or, if the respondent has none, any adult with whom the respondent has shared household responsibilities for more than 6 months in the 12-month period before the filing of the petition;  

(2) Adult children or, if the respondent has none, each parent and adult sibling of the respondent or, if the respondent has none, at least one adult nearest in kinship to the respondent who can be found with reasonable diligence; and  

(3) Adult stepchildren whom the respondent actively parented during the stepchildren's minor years and with whom the respondent had an ongoing relationship within 2 years before filing of the petition;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

C. The name and current address of each of the following, if applicable:  

(1) A person responsible for the care or custody of the respondent;  

(2) Any attorney currently representing the respondent;  

(3) The representative payee appointed by the United States Social Security Administration for the respondent;  

(4) A guardian or conservator acting for a respondent in this State or another jurisdiction;  

(5) A trustee or custodian of a trust or custodianship of which the respondent is a beneficiary;  

(6) The United States Department of Veterans Affairs fiduciary for the respondent;  

(7) An agent designated under a power of attorney for health care or an advance health directive in which the respondent is identified as the principal;  

(8) An agent designated under a power of attorney for finances in which the respondent is identified as the principal;  

(9) A person known to have routinely assisted the respondent with decision making within the 6 months before the filing of the petition;  

(10) Any proposed conservator, including a person nominated by the respondent if the respondent is 14 years of age or older; and  

(11) If the individual for whom a conservator is sought is a minor:  

(a) An adult with whom the minor resides if not otherwise listed; and  

(b) Any person not otherwise listed that had the care or custody of the minor for 60 or more days during the 2 years preceding the filing of the petition or any person that had the primary care or custody of the minor for at least 730 days during the 5 years preceding the filing of the petition;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

D. A general statement of the respondent's property with an estimate of its value, and the source and amount of other anticipated income or receipts;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

E. The reason conservatorship is necessary, including a brief description of:  

(1) The nature and extent of the respondent's alleged need based on the respondent's medical conditions, cognitive functioning and everyday financial functioning and levels of supervision needed;  

(2) If the petition alleges the respondent is missing, detained or unable to return to the United States, the relevant circumstances, including the time and nature of the disappearance or detention and any search or inquiry concerning the respondent's whereabouts;  

(3) Any protective arrangement instead of conservatorship or other less restrictive alternatives for meeting the respondent's alleged need which have been considered or implemented;  

(4) If no protective arrangement or other less restrictive alternatives have been considered or implemented, the reason they have not been considered or implemented; and  

(5) The reason a protective arrangement or other less restrictive alternatives are insufficient to meet the respondent's need;   [PL 2019, c. 417, Pt. A, §54 (AMD).]

F. Whether the respondent needs an interpreter, translator or other form of support to communicate effectively with the court or understand court proceedings;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

G. Whether the petitioner seeks a limited conservatorship or a full conservatorship;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

H. If the petitioner seeks a full conservatorship, the reason a limited conservatorship or protective arrangement instead of conservatorship is not appropriate;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

I. If the petition includes the name of a proposed conservator, the reason the proposed conservator should be appointed; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

J. If the petition is for a limited conservatorship, a description of the property to be placed under the conservator's control and any other requested limitation on the authority of the conservator.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

[PL 2019, c. 417, Pt. A, §54 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

3.  Attorney for petitioner.  A petition under subsection 1 must state the name, address, telephone number and bar registration number of an attorney representing the petitioner, if any.  

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

SECTION HISTORY

PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §54 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).