An Act Regarding the Reporting Requirements of Guardians and Conservators
Maine Legislature, Session 123, LD 0354
Committee: Judiciary
Sponsors: FLETCHER, CANAVAN, THIBODEAU
Amends: 18-A MRSA §5

Legislative Document 
No. 354 
H.P.284 
House of Representatives, January 25, 2007 
An Act Regarding the Reporting Requirements of Guardians and 
Conservators 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative FLETCHER of Winslow. 
!il~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CANAVAN of Waterville, THIBODEAU of Winterport. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 18-A MRSA §5-209, sub-§(e) is enacted to read: 
(e). In addition to the reporting required under subsection (d), the guardian shall file 
an annual report of all income, expenses and other transactions pertaining to the ward's 
estate during the preceding 12 months. 
Sec. 2. 18-A MRSA §5-210, as enacted by PL 1979, c. 540, §1, is amended to 
read: 
§5-210. Termination of appointment of guardian; general 
A guardian's authority and responsibility termiRates terminate upon the death, 
resignation or removal of the guardian or upon the minor's death, adoption, marriage or 
attainment of majority, but termination does not affect ftHy the guardian's liability for prior 
acts; nor ftHy the guardian's obligation to account for funds and assets of ftHy the guardian's 
ward. Resignation of a guardian does not terminate the guardianship until it a final 
accounting of the ward's estate listing all real estate and tangible and intangible property 
has been filed with and accepted by the court and the resignation has been approved by 
the court. A testamentary appointment under an informally probated wi II term inates if the 
will is later denied probate in a formal proceeding. 
Sec. 3. 18-A MRSA §5-306, as enacted by PL 1979, c. 540, § 1, is amended to 
read: 
§5-306. Termination of guardianship for incapacitated person 
The authority and responsibility of a guardian for an incapacitated person termiRates 
terminate upon the death of the guardian or ward, upon the determination of incapacity of 
the guardian; or upon removal or resignation, after the filing of the final accounting of the 
protected person's estate listing all real estate and tangible and intangible property has 
been filed and accepted by the court, as provided in section 5-307. Testamentary 
appointment under an informally probated will terminates if the will is later denied 
probate in a formal proceeding. Termination does not affect ftHy the guardian's liability for 
prior acts nor ftHy the guardian's obligation to account for funds and assets of ftHy the 
guardian's ward. 
Sec. 4. 18-A MRSA §5-312, sub-§(c) is enacted to read: 
(e). A guardian who has responsibility for all or part of the estate of a protected 
person shall file an annual report of all income, expenses and other transactions 
pertaining to the protected person's estate during the preceding 12 months. 
Sec. 5. 18-A MRSA §5-419, sub-§(a), as amended by PL 2001, c. 280, §2, is 
further amended to read: 
(a). 
Every conservator shall account to the court for the administration of the trust 
as specified by the court at the time of the initial order or at the time of a subsequent 
Page I - 123LR0879(OI)-1 
I 
order or as provided by court rule and upon resignation or removal. In addition, the 
conservator shall file an annual report of all income, expenses and other transactions 
pertaining to the protected person's estate during the preceding 12 months. On 
termination of the protected person's minority or disability, a conservator may account to 
the court or may account to the former protected person or that person's personal 
representative. Prior to the termination of the protected person's minority, the conservator 
shall account to the court and the protected person by filing the final accounting of the 
protected person's estate listing all real estate and tangible and intangible property with 
the court. 
SUMMARY 
II 
This bill requires the filing of annual reports and a final report, and acceptance of the 
final report by the court, for a guardian who has responsibility over the estate of a 
protected person or ward and for a conservator for a protected person.