PETITION FOR APPOINTMENT OF GUARDIAN

(State of Maine – Probate Court)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Caption

STATE OF MAINE
[COUNTY] PROBATE COURT
Docket No. [____]

In the Matter of:
[RESPONDENT/PROPOSED WARD FULL LEGAL NAME],
Date of Birth: [_]
SSN (last 4): [__]
(Address)
Respondent/Proposed Ward

Petition of:
[PETITIONER FULL LEGAL NAME],
(Address)
Petitioner

2. Title

PETITION FOR APPOINTMENT OF [☐ MINOR ☐ ADULT] GUARDIAN PURSUANT TO 18-C M.R.S. § 5-101 et seq.

3. Recitals

A. Petitioner seeks the appointment of a guardian for the above-named Respondent (“Ward”) in accordance with the Maine Uniform Probate Code, 18-C M.R.S. Art. 5.
B. Venue is proper in this Court because the Ward is domiciled or physically present in [COUNTY], Maine, and the Court has subject-matter jurisdiction under 18-C M.R.S. § 1-302.
C. Petitioner acknowledges the fiduciary obligations attendant to the role of guardian and submits to the continuing supervision of this Court.

[// GUIDANCE: Insert additional recitals if multiple petitioners, co-guardians, or prior orders exist.]

II. DEFINITIONS

For purposes of this Petition (the “Petition”), the following capitalized terms shall apply:

“Bond” – The fiduciary bond required under 18-C M.R.S. Art. 5, Subart. 3 or 4, as applicable, and as may be set by the Court.
“Court” – The Probate Court for the County of [COUNTY], State of Maine.
“Guardian” – The person(s) appointed by the Court with the powers and duties set forth in 18-C M.R.S. §§ 5-207, 5-312, and related sections.
“Letters” – The Letters of Guardianship to be issued by the Register of Probate upon the Guardian’s qualification and filing of any required Bond.
“Ward” – The individual for whom guardianship is sought.

[// GUIDANCE: Add additional defined terms (e.g., “Standby Guardian,” “Emergency Guardian”) as needed.]

III. OPERATIVE PROVISIONS

1. Jurisdiction & Venue

Petitioner avers that the Ward has been domiciled in [COUNTY], Maine for at least six (6) months immediately preceding this filing, satisfying the venue provisions of 18-C M.R.S. § 1-302.

2. Grounds for Guardianship

a. [☐ Minor] – The Ward is under eighteen (18) years of age and (i) has no living parents, (ii) the parents’ parental rights have been suspended or terminated, or (iii) the parents are unwilling or unable to exercise their parental rights and duties.
b. [☐ Adult] – The Ward is unable to meet essential requirements for physical health, safety, or self-care due to proven incapacity, and guardianship is necessary as a less-restrictive alternative is not feasible. A current medical/psychological evaluation dated within 45 days of filing accompanies this Petition.

3. Relief Requested

Petitioner respectfully requests that the Court:
i. Schedule and hold a hearing on this Petition;
ii. Appoint [PETITIONER NAME] (and, if applicable, [CO-PETITIONER NAME]) as Guardian(s) of the Ward;
iii. Determine and set the amount of the Bond, if any;
iv. Issue Letters of Guardianship upon qualification; and
v. Grant such other and further relief as justice requires.

4. Conditions Precedent

Petitioner has satisfied all statutory notice requirements set forth in 18-C M.R.S. §§ 5-205 (minor) or 5-304 (adult), including service upon the Ward, next of kin, and all persons required by statute.

IV. REPRESENTATIONS & WARRANTIES

1. Capacity & Fitness. Petitioner is at least 18 years of age, of sound mind, and has not been convicted of a disqualifying offense.
2. Conflict of Interest. Petitioner has disclosed to the Court any potential conflicts, financial or otherwise, with the Ward.
3. Background Check. Petitioner consents to a criminal background check pursuant to 18-C M.R.S. § 1-310.
4. Accuracy of Information. All statements herein and in attached exhibits are true and correct to the best of Petitioner’s knowledge, information, and belief.

[// GUIDANCE: Practitioners should attach a completed background check authorization form where the county requires it.]

V. COVENANTS & RESTRICTIONS

1. Duty of Care & Loyalty. Guardian shall act in the Ward’s best interests and in accordance with 18-C M.R.S. §§ 5-207 or 5-313, exercising the care an ordinarily prudent person would employ in the management of his or her own affairs.
2. Reporting. Guardian shall file with this Court:
   a. An initial guardianship plan within 30 days of appointment;
   b. An annual report on the Ward’s condition and finances on or before the anniversary of appointment, as mandated by 18-C M.R.S. § 5-207(5) (minor) or § 5-312 (adult); and
   c. A final report and accounting within 60 days of termination of guardianship.
3. Notice Obligations. Guardian shall provide written notice to the Court within 30 days of any change in address of the Ward or Guardian, or any material change in the Ward’s condition.
4. Restrictions on Delegation. Guardian may not delegate decision-making authority except as explicitly permitted under 18-C M.R.S. § 5-208 or by further Court order.

VI. DEFAULT & REMEDIES

1. Events of Default. The following constitute defaults:
   a. Failure to file required reports or accountings on time;
   b. Misapplication or misappropriation of the Ward’s funds or assets;
   c. Failure to maintain the required Bond;
   d. Breach of fiduciary duties.
2. Notice & Cure. Upon default, the Court may issue an order to show cause. Guardian shall have 14 days to cure, unless the Court orders otherwise.
3. Remedies. The Court may:
   a. Suspend or revoke Letters of Guardianship;
   b. Remove the Guardian and appoint a successor;
   c. Surcharge the Guardian;
   d. Invoke any other remedy authorized by 18-C M.R.S. Art. 5 or equitable principles.
4. Attorney’s Fees. The Court may award attorney’s fees and costs against a defaulting Guardian as permitted by statute or in equity.

VII. RISK ALLOCATION

1. Bond Requirement. Guardian shall furnish a Bond in the amount of $[__] with corporate surety acceptable to the Register of Probate, unless waived by the Court pursuant to 18-C M.R.S. §§ 5-208 (minor) or 5-411 (adult).
2. Indemnification. Guardian acknowledges personal liability for breach of fiduciary duty; no limitation of liability is available except as provided by law.
3. Insurance. Guardian shall maintain, at his or her own expense, liability insurance covering acts or omissions in the performance of guardianship duties if commercially available and approved by the Court.

VIII. DISPUTE RESOLUTION

1. Governing Law. All matters arising from this guardianship are governed by the laws of the State of Maine, including 18-C M.R.S. Art. 5.
2. Forum Selection. Exclusive jurisdiction and venue lie with the Probate Court for [COUNTY], Maine.
3. Arbitration & Jury Trial. Arbitration is not available. Jury trial is unavailable in Probate Court matters per Maine practice.
4. Injunctive Relief. The Court retains authority to issue protective orders or temporary relief to safeguard the Ward’s person or property at any time.

IX. GENERAL PROVISIONS

1. Amendments. Any modification to the guardianship plan or scope of authority requires prior Court approval.
2. Assignment. Guardianship duties are personal to the Guardian and may not be assigned. Successor guardians may be appointed only by Court order.
3. Severability. If any provision of the Letters of Guardianship is determined unenforceable, the remaining provisions shall remain in full force to the extent consistent with Maine law and the Ward’s best interests.
4. Integration. This Petition, together with any orders issued, constitutes the entire guardianship framework as of the Effective Date.
5. Electronic Signatures. The Court shall accept electronic signatures or remote notarization to the extent permitted by Maine law and Probate Court rules.

X. EXECUTION BLOCK

DATED: [____]

Respectfully submitted,

[PETITIONER NAME]
Petitioner

[CO-PETITIONER NAME] (if any)
Co-Petitioner

VERIFICATION

I, [PETITIONER NAME], being first duly sworn, depose and state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge, information, and belief, subject to the penalties of perjury under the laws of the State of Maine.

[PETITIONER NAME]

Subscribed and sworn before me on this _ day of _, 20__, at ____, Maine.

Notary Public / Attorney at Law
Printed Name: ___
My Commission Expires: ______

[// GUIDANCE: Some Maine counties require two witnesses in addition to notarization—confirm local rule before filing.]

REQUIRED ATTACHMENTS

1. Exhibit A – Physician’s / Psychologist’s Report (for adult incapacity).
2. Exhibit B – Proposed Guardianship Plan.
3. Exhibit C – Background Check Form(s).
4. Exhibit D – Consent or Nomination Forms (if any).
5. Exhibit E – List of Interested Persons & Proof of Service.

[// GUIDANCE: Attach a draft Order Appointing Guardian for the Court’s convenience; many clerks appreciate a proposed order in editable form.]

This template is designed to comply with the Maine Uniform Probate Code (18-C M.R.S. Art. 5) and current Probate Court practice. Practitioners should review county-specific procedural checklists, filing fees, and evidentiary requirements prior to submission.