An Act To Amend the Laws Pertaining to Temporary Guardianship
Maine Legislature, Session 122, LD 0105
Committee: Judiciary
Sponsors: BISHOP, LINDELL
Amends: 18-A MRSA §5

Legislative Document 
No. 105 
H.P.81 
House of Representatives, January 11,2005 
An Act To Amend the Laws Pertaining to Temporary Guardianship 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative BISHOP of Boothbay. 
Cosponsored by Representative: LINDELL of Frankfort. 
Printed on recyc led paper 
IJ/~ 
1?1·711dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 18-A MRSA §5-310-A, sub-§(a). as enacted by PL 1993, c. 
652, §3, is amended to read: 
(a) 
When 
a 
person alleged to 
be 
incapacitated has 
no 
guardian and an emergency exists and no other person appears to 
have authority to act in the circumstances, 
upon appropriate 
peti tion and notice to the person alleged to be incapacitated, 
the court may exercise the power of a guardian or may enter an ex 
parte 
order 
appointing 
a 
temporary 
guardian 
to 
address 
the 
emergency. 
A 
petition 
for 
temporary 
guardianship 
must 
be 
accompanied by an affidavit that sets forth the factual basis for 
the emergency and the specific powers requested by the proposed 
guardian, including any power to consent to medication of the 
incapacitated 
p~. In 
the 
order 
and 
in 
the 
letters 
of 
temporary guardianship, the court shall specify the powers and 
duties of the temporary guardian whom the court has found to be 
qualified 
for 
the 
particular 
situation of 
the 
incapacitat~g 
person, limiting the powers 
and duties to those necessary to 
address the emergency and providing to the incapacitated person, 
to the greatest extent possible, power to control visitation ot 
the 
incapacitated 
person 
with 
family 
and 
friends. 
In 
any 
proceeding 
under 
this 
subsection, 
the 
person 
alleged 
to 
be 
incapacitated has the right to retained or appointed counsel. 
Sec. 2. 18-A MRSA ~5-310-A. sub-~(a-1). as amended by PL 1997, 
c. 35, §1, is further amended to read: 
(a-I) 
If the court takes action to exercise the powers of a 
guardian or to appoint a temporary guardian under subsection (a), 
then the court, within 2 days, excluding Saturdays, Sundays and 
legal holidays, of taking the action, shall appoint a visitor or 
a guardian ad litem whom the court has found to be qualified for 
the particular situation of the incapacitated person to visit the 
allegedly incapacitated person and make 
a report to the court 
within lQ 2 days of the appointment of the visitor or guardian ad 
litem. 
The 
visitor 
or 
guardian 
ad 
litem 
shall 
serve 
the 
allegedly 
incapacitated 
person 
with 
a 
copy 
of 
the 
order 
appointing the temporary guardian and shall explain the meaning 
and consequences of the appointment. 
The visitor or guardian ad 
litem shall inquire of the allegedly incapacitated person whether 
that 
person wishes 
to 
contest 
any 
aspect 
of 
the 
temporary 
guardianship or seek any limitation of the temporary guardian's 
powers. 
The visitor or guardian 
ad 
litem shall 
advise 
the 
allegedly incapacitated person of that person's right to contest 
the 
temporary 
guardianship 
by 
requesting 
a 
hearing 
under 
subsection 
(b) 
and 
shall 
advise 
the 
allegedly 
incapacitated 
person of that person's right to be represented in the proceeding 
by counsel of that person's own choice or by counsel appointed by 
Page l-LR0373(l) 
the court. 
The visitor or guardian ad litem shall also interview 
the temporary guardian, except in cases where the court itself 
has taken action to exercise the powers of a temporary guardian. 
In the report to the court, the visitor or guardian ad Ii tern 
shall inform the court that the allegedly incapacitated person 
has 
received 
a 
copy 
of 
the 
order 
appointing 
the 
temporary 
guardian. 
The visitor or guardian ad litem shall advise the 
court as to whether the allegedly incapacitated person wishes to 
contest 
any 
aspect of 
the 
temporary guardianship or 
seek 
a 
limi tation of the temporary guardian's powers and whether the 
allegedly 
incapacitated 
person 
is 
already 
represented 
by 
counsel. 
The visitor or guardian ad litem shall also advise the 
court whether 
any 
issue exists with 
respect 
to whether 
the 
appointment 
of 
the 
temporary 
guardian 
is 
in 
the 
allegedly 
incapacitated person's best interest. 
SUMMARY 
This bill amends the temporary guardianship proceedings in 
the Maine Revised Statutes, Title 18-A. 
The bill requires notice 
to the allegedly incapacitated person prior to appointment of 
C\ 
temporary 
guardian 
and 
provides 
the 
right 
to 
retained 
or 
appointed 
counsel. 
The 
bill 
requires 
an 
application 
for 
temporary guardianship to set forth the factual basis for any 
power requested for the guardian to consent to medication. The 
bill allows 
the 
allegedly incapacitated person 
the 
power 
to 
controL 
to 
the 
extent possible, 
visitation with 
family 
and 
friends. 
The 
bill 
requires 
the 
temporary 
guardian 
and 
the 
guardian ad litem or visitor to be qualified to serve in that 
capacity. 
The bill shortens the time period for the report of 
the guardian ad litem or visitor to the court from 10 days from 
the date of appointment to 5 days from that date.