An Act To Amend the Probate Code Regarding Powers of Attorney, Education of Children and Guardianship
Maine Legislature, Session 125, LD 0978
Committee: Judiciary
Sponsors: STEVENS, ROSEN, BEAULIEU, DILL, NASS, PRIEST, WEBSTER, BLISS, CRAVEN, HASTINGS
Amends: 18-A MRSA §5, 20-A MRSA §5207

Legislative Document 
No. 978 
H.P. 722 
House of Representatives, March 8, 2011 
An Act To Amend the Probate Code Regarding Powers of Attorney, 
Education of Children and Guardianship 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative STEVENS of Bangor. 
Cosponsored by Senator ROSEN of Hancock and 
Representatives: BEAULIEU of Auburn, DILL of Cape Elizabeth, NASS of Acton, PRIEST of 
Brunswick, WEBSTER of Freeport, Senators: BLISS of Cumberland, CRAVEN of 
Androscoggin, HASTINGS of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  18-A MRSA §5-104, sub-§(a), as enacted by PL 1997, c. 455, §7, is 
amended to read: 
(a).  A parent or guardian of a minor or incapacitated person, by a properly executed 
power of attorney, may delegate to another person, for a period not exceeding 6 12 
months, any of that parent's or guardian's powers regarding care, custody or property of 
the minor child or ward, except the power to consent to marriage or adoption of a minor 
ward. A delegation by a court appointed court-appointed guardian becomes effective only 
when the power of attorney is filed with the court. 
Sec. 2.  18-A MRSA §5-213 is enacted to read: 
§5-213.  Transitional arrangements for minors 
In issuing, modifying or terminating an order of guardianship for a minor under this 
Part, the court may enter an order providing for a transitional arrangement for the minor if 
the court determines that the arrangement is in the best interest of the minor and will 
assist the minor with a transition of custody. 
Sec. 3.  20-A MRSA §5207 is enacted to read: 
§5207.  Kinship family children 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Kinship family" means a family consisting of a kinship family child, the kinship 
parent or kinship parents and any other children in the family. 
B.  "Kinship family child" means a child for whom a kinship parent cares and 
assumes responsibility. 
C.  "Kinship parent" means an adult who is not the parent of a kinship family child 
and assumes responsibility for the kinship family child and: is related to the kinship 
family child by birth, adoption or marriage; has strong emotional ties to the kinship 
family child; or has been designated as the kinship parent by the parent of the kinship 
family child. 
2.  School enrollment and participation in educational decisions permitted.  
Notwithstanding section 5202, upon application by the kinship parent, a kinship family 
child may enroll in a school in the school administrative unit where the kinship family 
resides and a kinship parent may participate in educational decisions for the kinship 
family child if: 
A.  The kinship parent is named in a properly executed power of attorney by the 
parent or legal guardian of the kinship family child under Title 18-A, section 5-104; 
or 
B.  The kinship parent provides to the school administrative unit written certification 
from the Probate Court that the kinship parent has applied for guardianship of the 
kinship family child, a court date has been set for a hearing on the application and the 
application is uncontested. 
3.  Denial of enrollment.  The superintendent may deny permission for a kinship 
family child to enroll in a school in a school administrative unit under subsection 2 if the 
superintendent determines that enrollment is not in the best interest of the kinship family 
child. Within 7 days of a denial of enrollment under this subsection, the superintendent 
shall send written notice to the kinship parent informing the kinship parent of the denial 
of enrollment, the reason for the denial and the right to appeal under subsection 4. 
4.  Appeal of denial of enrollment.  Notwithstanding Title 5, chapter 375, 
subchapter 4, a kinship parent may appeal in writing to the commissioner a denial of 
enrollment under subsection 3 within 21 days of receipt of the notice of denial under 
subsection 3. 
5.  Enrollment after denial.  A kinship family child may enroll or remain enrolled in 
a school in a school administrative unit after a denial of enrollment in that school under 
subsection 3 until the end of the appeal period under subsection 4, or if the kinship parent 
appeals the denial of enrollment under subsection 4, until final disposition of the appeal, 
including an appeal of the commissioner’s decision to the Superior Court pursuant to 
Title 5, chapter 375, subchapter 7. 
SUMMARY 
This bill: 
1.  Extends the duration of a guardianship under the Probate Code for a minor or 
incapacitated person from 6 months to 12 months; 
2.  Authorizes the Probate Court in issuing, modifying or terminating a guardianship 
of a minor to enter an order providing transition arrangements that are in the best interests 
of the minor; 
3.  Defines "kinship parent" as an adult who assumes responsibility for a child but is 
not a parent of that child.  The kinship parent must hold power of attorney for the kinship 
family child or apply to the Probate Court for guardianship of the kinship family child in 
order to enroll the kinship family child in school and participate in educational decisions 
made for the kinship family child; and 
4.  Allows a superintendent to deny enrollment of a kinship family child in the 
superintendent's school administrative unit if the superintendent determines that 
enrollment is not in the best interest of the kinship family child and provides an appeal 
process for the kinship parent to appeal this denial.