Probate Code
Each state’s laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating an Action – Filing a Petition:
A person interested in an adult’s welfare, including the adult for whom the order is sought, may initiate guardianship proceedings by filing a petition for the appointment of a guardian for the adult.
The petition must include the proposed ward’s name, age, and address; the address of where the proposed ward would live; name and address of the proposed ward’s spouse and children; and the reasons the guardianship is necessary.
Notice of Hearing:
Notice of the proceedings must be given to the adult over whom guardianship is sought as well as anyone named in the petition.
Examinations, Evaluations, and Interviews:
After the petition is filed, the court must appoint a “visitor” to help manage the investigation and explain proceedings to the person alleged to be incapacitated. In every adult guardianship matter, the respondent must be examined by a medical practitioner who is acceptable to the court and who is qualified to evaluate the respondent’s alleged cognitive and functional abilities.
Adjudication and Disposition:
If after a hearing the court or a jury determines the respondent is incapacitated by clear and convincing evidence, the judge issues an order appointing a guardian and outlining the scope of the guardian’s powers.
Conservatorship in Maine:
Where a person is incapable of managing their own financial affairs, the person for whom the order is sought, the guardian of the individual, or 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 may petition for appointment of a conservator. The process parallels the process for appointment of a guardian.
Me. Stat. tit. 18-C § 5-302 through Me. Stat. tit. 18-C § 5-310
Me. Stat. tit. 18-C § 5-402 through Me. Stat. tit. 18-C § 5-411
https://legislature.maine.gov/statutes/18-c/title18-Csec5-303.html
https://legislature.maine.gov/statutes/18-c/title18-Csec5-304.html
https://legislature.maine.gov/statutes/18-c/title18-Csec5-306.html
https://legislature.maine.gov/statutes/18-c/title18-Csec5-310.html
https://legislature.maine.gov/statutes/18-c/title18-Csec5-401.html