Maine Revised Statutes Title 18-C Sec. 5-401 – Basis for appointment of conservator
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1. Conservator for minor; findings. On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor, if the court finds by a preponderance of evidence that:
A. The minor owns money or property requiring management or protection that otherwise cannot be provided; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Appointment of a conservator is in the best interest of the minor and:
(1) If the minor has a parent, the court gives weight to any recommendation of the minor’s parent whether an appointment is in the best interest of the minor; and
(2) Either:
(a) The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor’s age; or
(b) Appointment is necessary or desirable to obtain or provide money needed for the support, care, education, health or welfare of the minor. [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).]
Terms Used In Maine Revised Statutes Title 18-C Sec. 5-401
- Adult: means an individual at least 18 years of age or an emancipated individual under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102
- Best interest of the minor: means the standard of the best interest of the child according to the factors set forth in Title 19?A, section 1653, subsection 3. See Maine Revised Statutes Title 18-C Sec. 5-102
- Conservator: includes a coconservator. See Maine Revised Statutes Title 18-C Sec. 5-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Full conservatorship: means a conservatorship that grants the conservator all powers available under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
- Limited conservatorship: means a conservatorship that grants the conservator less than all powers available under this Act, grants powers over only certain property or otherwise restricts the powers of the conservator. See Maine Revised Statutes Title 18-C Sec. 5-102
- Minor: means an unemancipated individual who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102
- Parent: means a person who has established a parent-child relationship with the child under Title 19?A, chapter 61 and whose parental rights have not been terminated. See Maine Revised Statutes Title 18-C Sec. 5-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. See Maine Revised Statutes Title 18-C Sec. 5-102
- Property: means anything that may be the subject of ownership and includes both real and personal property, tangible and intangible, or any interest therein. See Maine Revised Statutes Title 18-C Sec. 5-102
- Protective arrangement instead of conservatorship: means a court order entered under section 5?503. See Maine Revised Statutes Title 18-C Sec. 5-102
- Respondent: means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought. See Maine Revised Statutes Title 18-C Sec. 5-102
- Supported decision making: means assistance from one or more persons of an individual's choosing:
A. See Maine Revised Statutes Title 18-C Sec. 5-102United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Conservator for adult; findings. On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of an adult if the court determines by clear and convincing evidence that:
A. The adult is unable to manage property or financial affairs because:
(1) Of a limitation in the ability to receive and evaluate information or make or communicate decisions even with the use of appropriate supportive services, technological assistance and supported decision making that provide adequate protection for the respondent; or
(2) The adult is missing, detained or unable to return to the United States; [PL 2019, c. 417, Pt. A, §52 (AMD).]
B. Appointment is necessary to:
(1) Avoid harm to the adult or significant dissipation of the property of the adult; or
(2) Obtain or provide money needed for the support, care, education, health or welfare of the adult, or of an individual entitled to the adult’s support, and protection is necessary or desirable to obtain or provide money for the purpose; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. The respondent’s identified needs cannot be met by less restrictive alternatives. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
In making a determination on a petition under this section, including whether supported decision making or other less restrictive alternatives are appropriate, the court may consider the following factors: any proposed vetting of the person or persons chosen to provide support in decision making; reports to the court by an interested party or parties regarding the effectiveness of an existing supported decision-making arrangement; or any other information the court determines necessary or appropriate to determine whether supportive services, technological assistance, supported decision making, protective arrangements or less restrictive arrangements will provide adequate protection for the respondent.
[PL 2019, c. 417, Pt. A, §52 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Powers. The court shall grant a conservator only those powers necessitated by demonstrated limitations and needs of the respondent and enter orders that encourage the development of the respondent’s maximum self-determination and independence. The court may not establish a full conservatorship if a limited conservatorship, protective arrangement instead of conservatorship or other less restrictive alternatives would meet the needs of and provide adequate protection for the respondent.
[PL 2019, c. 417, Pt. A, §53 (AMD).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §§52, 53 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).