Resolve, To Develop a Plan To Improve Public Guardianship Services to Adults with Cognitive Disabilities
Maine Legislature, Session 125, LD 1252
Committee: Health and Human Services
Sponsors: CRAVEN, BLODGETT, EVES, FOSSEL, GRAHAM, O'CONNOR, STUCKEY, WAGNER

Legislative Document 
No. 1252 
S.P. 373 
In Senate, March 22, 2011 
Resolve, To Develop a Plan To Improve Public Guardianship 
Services to Adults with Cognitive Disabilities 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator CRAVEN of Androscoggin. 
Cosponsored by Representative BLODGETT of Augusta and 
Representatives: EVES of North Berwick, FOSSEL of Alna, GRAHAM of North Yarmouth, 
O'CONNOR of Berwick, STUCKEY of Portland, WAGNER of Lewiston. 
Sec. 1.  Stakeholder group for a working plan created.  Resolved:  That the 
Maine Developmental Disabilities Council, as established in the Maine Revised Statutes, 
Title 34-B, section 17001, referred to in this resolve as "the council," shall convene a 
stakeholder group to develop a working plan for a program for the transition, beginning 
July 1, 2012, of public guardianship responsibilities for adults with cognitive disabilities 
from the Department of Health and Human Services to an entity independent of that 
agency for a transition to begin by July 1, 2012.  The council shall invite at least one 
representative from each of the following organizations: 
1.  The Disability Rights Center; 
2.  Speaking Up for Us of Maine, a self-advocacy organization; 
3.  The Department of Health and Human Services, Office of Advocacy, established 
in Title 34-B, section 5005; 
4.  The Department of Health and Human Services, Office of Adults with Cognitive 
and Physical Disability Services; 
5.  The Office of the Attorney General; 
6.  The Maine Developmental Services Oversight and Advisory Board, established in 
Title 34-B, section 1223; 
7.  The Maine Association for Community Service Providers; and 
8.  The Maine Probate Judges Assembly; and be it further  
Sec. 2.  Duties.  Resolved:  That the stakeholder group shall investigate and 
develop a plan for the Department of Health and Human Services to separate the service 
coordination for individuals with cognitive disabilities function from the public 
guardianship function for individuals who are wards of the State and shall include in its 
findings: 
1.  Information regarding models used in other states, including New Hampshire, for 
independent administration of public guardianship; 
2.  Recommendations for the model the group determines is the most appropriate for 
implementation in this State; 
3.  A work plan for transition to the new model to begin July 1, 2012; 
4.  Necessary statutory changes to enable the implementation of this model; and 
5.  The feasibility of merging the correspondent program overseen by the Maine 
Developmental Services Oversight and Advisory Board under the Maine Revised 
Statutes, Title 34-B, section 1223 with public guardianship responsibilities under the 
proposed model; and be it further 
Sec. 3.  Report to the Commissioner of Health and Human Services.  
Resolved:  That the council shall report the working plan of the program to the Joint 
Standing Committee on Health and Human Services by January 15, 2012, with suggested 
implementing legislation.  The joint standing committee may submit a bill to the Second 
Regular Session of the 125th Legislature. 
SUMMARY 
This resolve requires the Maine Developmental Disabilities Council to convene a 
stakeholder group to establish a working plan to provide public guardianship for adults 
with cognitive disabilities.  The council is required to identify the necessary statutory 
changes and steps to implement a permanent guardianship program operated by an 
independent entity and make recommendations by January 15, 2012 to the Joint Standing 
Committee on Health and Human Services, which is authorized to submit a bill 
implementing the program.