An Act To Adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
Maine Legislature, Session 125, LD 1377
Committee Amendment CA_A_H800 (House)

COMMITTEE AMENDMENT ·A" to H.P. 1016, L.D. 1377, Bill, "An Act To 
Adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act" 
Amend the bill in section 1 in Part 5-A in subpart 1 in §5-512 in subsection (f) in the 
first line (page 8, line 8 in L.D.) by inserting after the following: "appointed" the 
following: 'or an adult who is an incapacitated person within the meaning of section 
5-101, subsection (1)' 
Amend the bill in section 1 in Part 5-A in subpart 1 in §5-512 in subsection (g) in the 
first line (page 8, line 9 in L.D.) by inserting after the following: "means" the following: 
'an interested person within the meaning of section 1-201, subsection (20), including' 
Amend the bill in section 1 in Part 5-A in subpart 1 in §5-512 in subsection (j) in the 
2nd line (page 8, line 18 in L.D.) by inserting after the following: "management" the 
following: 'or disposition' 
Amend the bill in section 1 in Part 5-A in subpart 1 in §5-512 in subsection (n) in the 
2nd line (page 8, line 26 in L.D.) by striking out the following: ", a federally recognized 
Indian tribe" 
Amend the bill in section 1 in Part 5-A in subpart 1 by inserting before §5-513 the 
following: 
'Maine Comment 
The reVlSlons to the Maine Revised Statutes, Title 18-A, section 5-512 correct 
inconsistencies between the definitions in the Act and related definitions in the Probate 
Code.' 
Amend the bill in section 1 in Part 5-A in subpart 2 in §5-521 in subsection (a) in 
paragraph (1) in the last 2 lines (page 15, lines 30 and 31 in L.D.) by striking out the 
following: "because no other person has authority and is willing to act on the respondent's 
behalf' 
Amend the bill in section 1 in Part 5-A in subpart 2 in §5-524 in subsection (a) in the 
first line (page 20, line 31 in L.D.) by striking out the following: "A" and inserting the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1016, L.D. 1377 
following: 'If this State is not the respondent's home state and not a significant-connection 
state, a' 
Amend the bill in section 1 in Part 5-A in subpart 2 in §5-524 in subsection (a) in the 
first and 2nd lines (page 20, lines 31 and 32 in L.D.) by striking out the following: 
"lacking jurisdiction under section 5-523, subsections (a) to (c)" 
Amend the bill in section 1 in Part 5-A in subpart 2 in §5-524 in subsection (a) in 
paragraph (1) in the first line (page 20, line 33 in L.D.) by striking out the following: "90 
days" and inserting the following: '6 months' 
Amend the bill in section 1 in Part 5-A in subpart 2 in §5-526 by striking out all of 
subsection (b) (page 23, lines 34 to 37 in L.D.) and inserting the following: 
'(b). If a court of this State declines to exercise its jurisdiction under subsection (a), it 
shall either: 
(1). Dismiss or stay the proceeding; or 
(2). Impose any condition the court considers just and proper, including the condition 
that a petition for the appointment of a guardian or issuance of a protective order be 
fi led promptly in another state.' 
Amend the bill in section 1 in Part 5-A in subpart 2 in §5-526 in subsection (c) in the 
2nd line (page 23, line 39 in L.D.) by striking out the following: "including" and inserting 
the following: 'which may include' 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (c) in the 
last line (page 31, line 9 in L.D.) by inserting after the following: "hearing" the following: 
'or provide an opportunity for a hearing to be held' 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (d) in 
paragraph (2) in the 2nd line (page 31, line 17 in L.D.) by inserting after the following: 
"established" the following: 'by a preponderance of the evidence' 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (d) in 
paragraph (2) in the 2nd line (page 31, line 17 in L.D.) by inserting after the following: 
"contrary to the" the following: 'best' 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (e) in 
paragraph (2) in the 2nd line (page 31, line 29 in L.D.) by inserting after the following: 
"established" the following: 'by a preponderance of the evidence' 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (e) in 
paragraph (2) in the 2nd line (page 31, line 29 in L.D.) by inserting after the following: 
"contrary to the" the following: 'best' 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (e) in 
paragraph (3) in the first line (page 31, line 31 in L.D.) by inserting after the following: 
"management" the following: 'or disposition' 
Amend the bill in section 1 in Part 5-A in subpart 3 by inserting before §5-532 the 
following: 
'Maine Comment 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to H.P. 1016, L.D. 1377 
Section 301 of the Act requires the court to hold a hearing if the court receives a 
request to transfer a guardianship or conservatorship to another state. Maine's change to 
the Maine Revised Statutes, Title 18-A, section 5-531, subsection (c) eliminates the 
court's obligation to hold a hearing if a hearing would serve no useful purpose. 
The changes to Title 18-A, section 5-531, subsection (d), paragraph (2) and 
subsection (e), paragraph (2) identify the evidentiary standard to be applied in 
proceedings involving the transfer of guardianship and protective proceedings. 
The word "disposition" was added to Title 18-A, section 5-531, subsection (e), 
paragraph (3) because the actions a conservator may need to take with respect to a 
protected person's property may extend beyond management.' 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-532 in subsection (d) in 
paragraph (1) in the first line (page 32, line 15 in L.D.) by inserting after the following: 
"establishes" the following: 'by a preponderance of the evidence' 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-532 in subsection (d) in 
paragraph (1) in the 2nd line (page 32, line 16 in L.D.) by inserting after the following: 
"contrary to the" the following: 'best' 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-532 by striking out all of 
subsection (t). 
Amend the bill in section 1 in Part 5-A in subpart 3 in §5-532 by relettering the 
subsections to read consecutively. 
Amend the bill in section 1 in Part 5-A by inserting before subpart 4 the following: 
'Maine Comment 
Section 302 of the Act addresses when a guardianship or conservatorship transferred 
from another state can be accepted by this State. The Maine Revised Statutes, Title 18-A, 
section 5-532, subsection (d) describes when the court shall deny a petition to accept a 
guardianship or conservatorship transferred from another state. 
Maine's changes to 
subsection (d), paragraph (1) identify the evidentiary standard to be applied to an 
objection to the petition for acceptance. 
Maine has not adopted section 302, subsection (f) of the Act because it is unrealistic 
to require a Maine court to unilaterally evaluate a foreign order and identify 
modifications without identifying a clear process to be undertaken to modify a foreign 
order.' 
Amend the bill in section 1 in Part 5-A in subpart 4 in §5-541 in the first paragraph in 
the last line (page 33, line 31 in L.D.) by inserting after the following: "office" the 
following: 'and the guardian's notification to the appointing court of an intent to register 
in this State' 
Amend the bill in section 1 in Part 5-A in subpart 4 by inserting before §5-542 the 
following: 
'Maine Comment 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 1016, L.D. 1377 
Section 401 of the Act was modified to provide a safeguard that will enable the 
appointing court to intervene if foreign registration of a guardianship is for any reason 
inappropriate.' 
Amend the bill in section 1 in Part 5-A in subpart 4 in §5-542 in the first paragraph in 
the last line (page 33, line 38 in L.D.) by inserting after the following: "office" the 
following: " of the conservator's notification to the appointing court of an intent to 
register in this State' 
Amend the bill in section 1 in Part 5-A in Part 5-A in subpart 4 by inserting before 
§5-543 the following: 
'Maine Comment 
Section 402 of the Act was modified to provide a safeguard that will enable the 
appointing court to intervene if foreign registration of a protective order is for any reason 
inappropriate.' 
Amend the bill in section I in Part 5-A in subpart 5 in §5-553 in subsection (a) in the 
last line (page 34, line 18 in L.D.) by striking out the following: "January 1, 2012" and 
inserting the following: 'July 1, 2013' 
Amend the bill in section 1 in Part 5-A in subpart 5 in §5-553 in subsection (b) in the 
2nd line (page 34, line 20 in L.D.) by striking out the following: "January 1, 2012" and 
inserting the following: 'July 1, 2013' 
Amend the bill in section 1 in Part 5-A in subpart 5 in §5-554 in the first paragraph in 
the first line (page 35, line 5 in L.D.) by striking out the following: "January 1, 2012" and 
inserting the following: 'July 1, 2013' 
SUMMARY 
This amendment contains changes to the bill recommended by the Probate and Trust 
Law Advisory Commission. 
The revisions to the Maine Revised Statutes, Title 18-A, section 5-512 address 
inconsistencies between the definitions in the Uniform Adult Guardianship and Protective 
Proceedings Jurisdiction Act and related definitions in the Probate Code. 
The revisions to Title I8-A, section 5-521, subsection (a), paragraph (1); section 
5-524, subsection (a); and section 5-526, subsections (b) and (c) eliminate ambiguous 
language and extend the emergency term of a guardian from 90 days to 6 months. 
The change to Title 18-A, section 5-531, subsection (c) eliminates the court's 
obligation to hold a hearing if a hearing would serve no useful purpose. 
The changes to Title I8-A, section 5-531, subsection (d), paragraph (2); section 
5-531, subsection (e), paragraph (2); and section 5-532, subsection (d), paragraph (1) 
identify the evidentiary standard to be applied to proceedings involving the transfer of 
guardianship and protective proceedings. 
The word "disposition" is added to Title 18-A, section 5-531, subsection (e), 
paragraph (3) because the term "management" may be too narrow to accurately describe 
the actions a conservator might need to take. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1016, L.D. 1377 
I 
Title i8-A, section 5-532, subsection (f) is deleted because it is unrealistic to require 
a Maine court to unilaterally evaluate a foreign order and identify modifications, as it is 
unclear from the Act exactly what process would be undertaken to modify a foreign 
order. 
Title i8-A, sections 5-541 and 5-542 are modified to provide a safeguard that will 
enable the appointing court to intervene if foreign registration is for any reason 
inappropriate. 
This amendment changes the effective date and application dates to July I, 2013. 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/29/12 
~ac 
. 12Sth MAINE LEGISLATURE 
LD 1377 
LR 678(02) 
An Act To Adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act 
Fiscal Note for Bill as Amended by Committee Amendment 'A" ( H -8ro ') 
Committee: Judiciary 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor savings - General Fund 
Any fiscal impact to the Department of Health and Human Services is expected to be minor and can be absorbed 
. within existing budgeted resources. 
LR0678(02) - Fiscal Note - Page 1 of 1