Best Guardianship Lawyers in Maine

About Guardianship Law in Maine, United States

Guardianship in Maine is a legal process where a court appoints an individual or an entity to care for another person who is unable to make decisions or manage their own affairs. This process is often used for minors whose parents are unable to care for them, or for adults who are incapacitated because of age, illness, or disability. The appointed guardian has the authority and responsibility to make personal, medical, or financial decisions on behalf of the protected person, also known as the ward.

Why You May Need a Lawyer

Seeking a guardianship is often a challenging and emotional process. Many people turn to an attorney for guidance because:

• The process involves complicated court forms and procedures.
• Multiple parties may disagree about what is best for the individual in need of guardianship.
• Obtaining medical or expert evaluations may be necessary to prove incapacity.
• Guardians must submit regular reports to the court regarding the ward's well-being and finances, which can be confusing or burdensome.
• There are strict legal requirements and timelines that must be followed to ensure the guardianship is valid and enforceable.
• Improper handling can lead to lawsuits or personal liability for the guardian.
• Legal advice can help you determine if guardianship is the best solution or if alternatives exist.

Local Laws Overview

Guardianship cases in Maine are governed by Title 18-C of the Maine Revised Statutes, also known as the Maine Uniform Probate Code. Here are some important aspects of guardianship law in Maine:

• Types of Guardianships: Maine law provides for guardianship of minors and incapacitated adults. There is also limited guardianship, which allows for the guardian’s powers to be specifically defined by the court.
• Filing a Petition: To start the process, an interested party must file a petition with the Probate Court in the county where the person in need of protection resides.
• Notice and Hearing: The court will notify the person alleged to need guardianship and their relatives. There is a hearing where evidence is presented before a judge makes a decision.
• Appointment of a Guardian ad Litem: In most cases, the court appoints a neutral third party to represent the interests of the person who may be placed under guardianship.
• Duration and Review: Guardianships can be temporary or long-term. The court reviews the arrangement periodically to ensure it remains appropriate.
• Reporting Requirements: Guardians must file reports about the ward's care and finances, usually annually, or as directed by the court.
• Alternatives to Guardianship: Maine courts require consideration of less restrictive options, such as powers of attorney or supported decision-making arrangements.

Frequently Asked Questions

What is the difference between guardianship and conservatorship in Maine?

Guardianship usually covers personal and medical decision-making for someone unable to care for themselves, while conservatorship specifically deals with managing a person's finances and property.

Who can become a guardian in Maine?

Any competent adult may petition to be appointed a guardian, though the court will choose someone based on the ward’s best interests. Relatives, close friends, and sometimes professional guardians may serve.

How long does the guardianship process take?

The length of the process depends on the complexity of the case and how quickly the necessary information and reports can be gathered. Emergencies may be addressed sooner through temporary guardianship.

Can guardianship be contested?

Yes, interested parties may contest the guardianship itself or the choice of guardian. The court will consider their input and decide what is in the best interests of the ward.

Are guardians supervised by the court?

Yes, guardians must file regular reports and may be asked to appear in court if concerns arise. The court retains oversight throughout the duration of the guardianship.

Can guardianship be ended?

Guardianship can be modified or terminated if the ward regains capacity or if it is no longer necessary. Interested parties may petition the court to review and end the arrangement.

Do I have to hire a lawyer to petition for guardianship?

Hiring a lawyer is not strictly required, but it is highly recommended due to the complexity and seriousness of the process. A lawyer can ensure that paperwork is done correctly and your interests are protected.

What rights does someone retain under guardianship?

The court may limit guardians’ powers in favor of the least restrictive arrangement possible, allowing the ward to keep as many legal and personal rights as is safe and appropriate.

What information do I need to begin the guardianship process?

You will need basic biographical information about the person in need, information about their family, evidence of incapacity or need, and details about why guardianship is necessary. The court will provide lists of required forms and documents.

How much does it cost to establish a guardianship?

Costs vary depending on the complexity of the case, required evaluations, and whether attorneys are involved. There are also filing fees with the court. Fee waivers may be available for those with limited income.

Additional Resources

Several organizations and government offices can provide help and information on guardianship in Maine:

• Maine Probate Courts - Each county has a Probate Court that handles guardianship matters.
• Maine Office of Aging and Disability Services - Offers resources for adult guardianship and alternatives.
• Legal Services for Maine Elders - Provides legal help for older adults in need of guardianship advice.
• Maine Volunteer Lawyers Project - Matches individuals with lawyers who may offer free or reduced-cost assistance with guardianship issues.
• Maine Department of Health and Human Services - Involved in guardianship of minors and vulnerable adults.
• Pine Tree Legal Assistance - Offers information and legal services relating to guardianship and other family matters.

Next Steps

If you believe you or a loved one needs a guardianship, consider the following steps:

• Review your situation to see if guardianship is necessary or if there are less restrictive alternatives.
• Contact the local Probate Court in the county where the person in question resides for specific information and forms.
• Gather relevant documents, such as medical records, identification, and evidence of incapacity.
• Consult with an experienced Maine attorney who understands guardianship law and can guide you through the process.
• If cost is a concern, reach out to legal aid organizations or the Maine Volunteer Lawyers Project for assistance.
• Be prepared for a court process that involves notice to interested parties, a hearing, and ongoing reporting obligations if you are appointed guardian.

Seeking professional legal help can make the process smoother and ensure the best interests of your loved one are protected throughout. Taking prompt, informed action is the most important step in obtaining the support and protection needed through Maine’s guardianship process.