Adult Guardianship / Conservatorship Petition Packet

MAINE ADULT GUARDIANSHIP / CONSERVATORSHIP PETITION PACKET

PART 0 — PRE-PETITION CHECKLIST AND TRIAGE

0.1 Type of Relief Sought

☐ Guardianship of an Adult (§ 5-301) — respondent lacks the ability to meet essential requirements for physical health, safety, or self-care
☐ Full Guardianship ☐ Limited Guardianship (§ 5-310 — only powers necessitated by demonstrated needs)
☐ Conservatorship (§ 5-401) — respondent unable to manage property or financial affairs
☐ Protective Arrangement instead of guardianship/conservatorship (§ 5-501 — less restrictive alternative)
☐ Both Guardianship and Conservatorship

0.2 Less Restrictive Alternatives Reviewed (REQUIRED — § 5-301, § 5-401)

☐ Durable Power of Attorney (Maine Uniform POA Act, 18-C Art. 5 Part 9) reviewed and insufficient / abused
☐ Advance Health-Care Directive (Maine Uniform Health-Care Decisions Act) reviewed and insufficient
☐ Representative Payee (SSA / VA) considered
☐ Supportive services, technological assistance, and supported decision-making considered (§ 5-301, § 5-401)
☐ Protective arrangement under § 5-501 considered as an alternative
☐ Trust / supplemental needs planning considered
☐ Capacity to execute new planning documents assessed — INSUFFICIENT

0.3 Pre-Filing Diligence

☐ Petition to be filed in the Probate Court for the county of the respondent's residence/presence
☐ Court will appoint a visitor (§ 5-304) and, on request or as required, counsel for the respondent (§ 5-305)
☐ Professional evaluation arranged (§ 5-306)
☐ Notice list (respondent + interested persons) prepared (§ 5-303)
☐ Bond for conservator estimated or waiver justification prepared
☐ Filing fee or fee waiver prepared

PART 1 — PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR

STATE OF MAINE
PROBATE COURT — COUNTY OF [____________________]

1. PETITIONER (§ 5-302)

Petitioner is [FULL NAME OF PETITIONER], of [________________________________].

Relationship to / interest in the respondent: ☐ Spouse / domestic partner ☐ Adult child ☐ Parent ☐ Adult sibling ☐ Other relative ☐ Interested person ☐ Person who would be adversely affected by lack of management ☐ Self ☐ Other [____________________].

2. RESPONDENT (§ 5-302)

3. RELIEF REQUESTED

☐ [NAME] as GUARDIAN of the respondent (☐ full ☐ limited)
☐ [NAME] as CONSERVATOR of the respondent's property/financial affairs (☐ full ☐ limited)
☐ Both
☐ Protective arrangement under § 5-501 in lieu of guardianship/conservatorship

4. GROUNDS FOR GUARDIANSHIP (§ 5-301)

The court may appoint a guardian for an adult only if it finds by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because of an inability to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, and supported decision making; the respondent's needs cannot be met by a less restrictive alternative; and the appointment is necessary.

☐ Respondent lacks the ability to meet essential requirements for physical health, safety, or self-care
☐ Needs cannot be met by less restrictive alternatives (supportive services / supported decision-making / protective arrangement)

Facts supporting the allegations (§ 5-302):

[________________________________]
[________________________________]
[________________________________]

5. GROUNDS FOR CONSERVATORSHIP (§ 5-401(2)) — if estate relief sought

The court may appoint a conservator for an adult only if it determines by clear and convincing evidence that: (A) the adult is unable to manage property or financial affairs because of a limitation in the ability to receive and evaluate information or make or communicate decisions even with appropriate supportive services, technological assistance, and supported decision making (or is missing/detained/unable to return to the U.S.); (B) appointment is necessary to avoid harm or significant dissipation, or to obtain/provide money needed for support, care, education, health, or welfare; and (C) the respondent's identified needs cannot be met by less restrictive alternatives.

☐ Unable to manage property or financial affairs (§ 5-401(2)(A))
☐ Appointment necessary to avoid harm / provide for support (§ 5-401(2)(B))
☐ Needs cannot be met by less restrictive alternatives (§ 5-401(2)(C))

Character and estimated value of the estate:

6. LESS RESTRICTIVE ALTERNATIVES (§ 5-301, § 5-401)

VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Maine that the foregoing is true and correct to the best of my knowledge.

Executed on [__/__/____] at [____________________], Maine.

[____________________________]
Petitioner

PART 2 — INTERESTED PERSONS ENTITLED TO NOTICE (§ 5-303)

PART 3 — NOTICE OF HEARING (§ 5-303)

NOTICE OF HEARING ON PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR

NOTICE IS GIVEN that a Petition has been filed regarding [NAME OF RESPONDENT] in the Probate Court for the County of [____________________], and will be heard on:

The Court will appoint a visitor (§ 5-304) and counsel for the respondent (§ 5-305). You may appear and be heard.

PART 4 — STATEMENT OF RESPONDENT'S RIGHTS (§§ 5-304, 5-305, 5-306, 5-308)

TO: [NAME OF RESPONDENT] — A petition has been filed asking the Probate Court to appoint a guardian and/or conservator for you. You have the following rights:

• The right to be represented by an attorney, and to have the court appoint counsel for you (§ 5-305).
• The right to a visit and report by a court-appointed visitor (§ 5-304).
• The right to a professional evaluation of your condition (§ 5-306).
• The right to attend the hearing, to present evidence, and to cross-examine witnesses, including the visitor and evaluator.
• The right to have the court find incapacity only by clear and convincing evidence (§ 5-301, § 5-401).
• The right to have the court consider supported decision-making, supportive services, and less restrictive alternatives including a protective arrangement under § 5-501.
• The right to have only those powers granted that are necessitated by your demonstrated limitations, encouraging maximum self-determination and independence (§ 5-310, § 5-401(3)).
• If a guardian/conservator is appointed, you may lose certain rights, which the court's order will specify.

PART 5 — PROFESSIONAL EVALUATION (Placeholder) (§ 5-306)

Evaluator signature: [____________________________] Date: [__/__/____]

PART 6 — PRIORITY / BOND

6.1 Nomination / Priority

Nominated guardian/conservator and priority basis: [________________________________]
Respondent ☐ has ☐ has not nominated a guardian/conservator. Nomination attached as Exhibit [____].

6.2 Bond (Conservator)

☐ Bond requested in the amount of $[____________]
☐ Bond waived because [________________________________]
☐ Assets to be placed in a restricted account

PART 7 — PROPOSED ORDER (§ 5-310; § 5-401)

ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

This matter came before the Court on the Petition. Having considered the petition, the visitor's report, the professional evaluation, the report of counsel, the notice given, and the evidence, the Court FINDS by clear and convincing evidence:

1. ☐ Notice was given as required by 18-C M.R.S. § 5-303.
2. ☐ (Guardianship) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care (§ 5-301).
3. ☐ (Conservatorship) The respondent is unable to manage property or financial affairs and grounds under § 5-401(2) are met.
4. ☐ The respondent's needs cannot be met by a less restrictive alternative, including a protective arrangement (§ 5-501).
5. ☐ The proposed guardian/conservator is suitable and willing.

IT IS ORDERED:

• [NAME] is appointed ☐ Guardian (☐ full ☐ limited) ☐ Conservator (☐ full ☐ limited) of [RESPONDENT NAME].
• Powers granted are limited to those necessitated by demonstrated needs; specific powers/limitations: [________________________________]
• Conservator shall file bond of $[____________] or bond is waived; assets ☐ restricted.
• Conservator shall file an inventory and accountings as required.
• Guardian shall file reports as required.
• Review date: [__/__/____].
• Letters shall issue upon qualification.

Dated: [__/__/____] [____________________________]
Judge of Probate

SOURCES AND REFERENCES

• 18-C M.R.S. § 5-301 (Basis for appointment of guardian for adult) — https://legislature.maine.gov/statutes/18-C/title18-Csec5-301.html
• 18-C M.R.S. § 5-302 (Petition for guardian); §§ 5-303 to 5-310 (notice, visitor, counsel, evaluation, order)
• 18-C M.R.S. § 5-401 (Basis for appointment of conservator) — https://law.justia.com/codes/maine/title-18-c/article-5/part-4/section-5-401/
• 18-C M.R.S. § 5-501 (Authority for protective arrangements) — https://www.mainelegislature.org/legis/statutes/18-c/title18-Csec5-501.html
• Maine Uniform Guardianship, Conservatorship and Protective Proceedings (UGCOPAA), 18-C M.R.S. Art. 5
• Maine Probate Court forms (guardianship/conservatorship of adults)

END OF PACKET