An Act To Establish an Expedited Temporary Guardianship Process
Maine Legislature, Session 128, LD 0934
Committee: Judiciary
Sponsors: FREDETTE
Amends: 18-A MRSA §5

Legislative Document
No. 934
H.P. 662
House of Representatives, March 9, 2017
An Act To Establish an Expedited Temporary Guardianship 
Process
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FREDETTE of Newport.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  18-A MRSA §5-207, sub-§(e) is enacted to read: 
(e).  If the court finds that compliance with the procedures of this section will likely 
result in substantial harm to the minor's health, safety or welfare and that no other person 
appears to have authority and willingness to act in the circumstances, the court, on 
petition by a person interested in the minor's welfare, may by order appoint a temporary 
guardian whose authority may not exceed 180 days and who may exercise only the 
powers specified in the order.  Except as otherwise provided in paragraph (1), reasonable 
notice of the time and place of a hearing on the petition must be given to the minor, if the 
minor is at least 14 years of age, and any other persons as the court directs.  The court 
may by order appoint the temporary guardian for up to an additional 180 days after notice 
to the minor, if the minor is at least 14 years of age, and any other persons as the court 
directs and hearing on the appointment. 
(1).  A temporary guardian may be appointed pursuant to this subsection without 
notice to the minor and the minor's parent or legal guardian only if the court finds 
from affidavit or testimony that the minor will be substantially harmed before a 
hearing on the appointment can be held.  If the court appoints a temporary guardian 
without notice to the minor's parent or legal guardian, the parent or legal guardian 
must be given notice of the appointment within 48 hours after the appointment.  The 
court shall hold a hearing on the appropriateness of the appointment within 5 days 
after the appointment. 
(2).  The court may remove a temporary guardian appointed pursuant to this 
subsection at any time.  A temporary guardian shall make any report the court 
requires.  In other respects, the provisions of this Article concerning guardians apply 
to a temporary guardian. 
(3).  Parents of a minor are presumed to be acting to protect the minor from 
substantial harm to the minor's health, safety and welfare.  This presumption may be 
overcome only by clear and convincing evidence. 
SUMMARY 
This bill amends the Probate Code to add an expedited process for the court to 
appoint a temporary guardian for a minor. 
The bill allows the Probate Court to appoint a temporary guardian when a petition is 
brought seeking the expedited appointment if the court finds that following the usual 
procedure for notice and hearing will likely result in substantial harm to the minor's 
health, safety or welfare and that no other person appears to have authority and 
willingness to act in the circumstances.  The appointment lasts for no more than 180 days.  
The temporary guardian has only the powers the court includes in the appointment order. 
Reasonable notice about the hearing must be given to the minor, if the minor is at 
least 14 years of age, and to any other persons as the court directs.  A temporary guardian 
may be appointed without prior notice only when there is testimony that the minor would 
be substantially harmed before the hearing on the appointment. In such case, notice must 
be given within 48 hours and a hearing held within 5 days. 
The court may appoint the temporary guardian for up to an additional 180 days after 
notice and hearing. 
The bill provides that a temporary guardian appointed through this expedited process 
remains subject to the other provisions of the Probate Code, Article 5, including the 
provisions relating to the duties of guardians. 
The bill establishes a presumption that the parents of a minor are acting to protect the 
minor's health, safety and welfare.  The presumption can be overcome only by clear and 
convincing evidence.