An Act To Determine the Necessity for a Public Guardian or Conservator Bond”
Maine Legislature, Session 129, LD 0082
Committee Amendment CA_A_H788 (House)
Amends: 18-C MRSA §5

COMMITTEE AMENDMENT “      ” to H.P. 68, L.D. 82, Bill, “An Act To 
Determine the Necessity for a Public Guardian or Conservator Bond”
Amend the bill by striking out the title and substituting the following:
'An Act To Eliminate the Necessity for a Public Guardian or Conservator Bond' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  18-C MRSA §5-415, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
1.  Bond or collateral.  Requiring the conservator to furnish bond or collateral or 
additional bond or collateral or allowing a reduction in a bond or collateral previously 
furnished.  This subsection does not apply to a public conservator;
Sec. 2.  18-C MRSA §5-416, sub-§5 is enacted to read:
5.  Public conservator.  The court may not require a bond for a public conservator.
Sec. 3.  18-C MRSA §5-710, as enacted by PL 2017, c. 402, Pt. A, §2 and affected 
by PL 2019, c. 417, Pt. B, §14, is amended to read:
§5-710.  Bond not required
The public guardian or conservator is not required to file bonds in individual 
guardianships or conservatorships, but shall give a surety bond for the joint benefit of the 
individuals subject to guardianship or protected persons placed under the responsibility of 
the public guardian or conservator and the State, with a surety company or companies 
authorized to do business within the State, in an amount not less than the total value of all 
assets held by the public guardian or conservator, which amount must be computed at the 
end of each state fiscal year and approved by the Probate Court for Kennebec County.  At 
no time may the bond of each of the public guardians or conservators be less than $500 
respectively.
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 68, L.D. 82
COMMITTEE AMENDMENT
Sec. 4.  18-C MRSA §5-711, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
1.  Reasonable expenses; account for costs.  The public guardian or conservator 
may receive such reasonable amounts for its expenses as guardian or conservator as the 
Probate Court may allow.  The amounts so allowed must be allocated to an account from 
which may be drawn expenses for filing fees, bond premiums, court costs and other 
expenses required in the administration of the functions of the public guardian or 
conservator.  No amounts thus received may inure to the benefit of any employee of the 
public guardian or conservator.  Any balance in the account at the end of a fiscal year 
does not lapse but is carried forward from year to year and used for the purposes provided 
for in this subsection.
Sec. 5.  Appropriations and allocations.  The following appropriations and 
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Office of Aging and Disability Services Central Office 0140
Initiative: Deappropriates funds that will no longer be required to fund guardianship bond 
insurance.
' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment replaces the bill, which is a concept draft.
This amendment eliminates the requirement that a public guardian or public 
conservator furnish a bond.  The Maine Supreme Judicial Court held in Perry v. Dean, 
2017 ME 35, that the State, having not explicitly waived its sovereign immunity provided 
under the Maine Tort Claims Act, is immune to claims against the State for breach of 
fiduciary duty owed to the person subject to public guardianship or public 
conservatorship.
The amendment also deappropriates funds no longer needed due to the elimination of 
the bond requirement.
FISCAL NOTE REQUIRED
(See attached)
GENERAL FUND
2019-20
2020-21
All Other
$0
($14,000)
GENERAL FUND TOTAL
$0
($14,000)
Approved: 03/12/20
LD 82
LR 1683(02)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Net Cost (Savings)
General Fund
$0
($14,000)
($14,000)
($14,000)
Appropriations/Allocations
General Fund
$0
($14,000)
($14,000)
($14,000)
Fiscal Detail and Notes
This bill eliminates a General Fund appropriation to the Department of Health and Human Services of $14,000 in 
fiscal year 2020-21 as these funds will no longer be required to fund the guardianship bond insurance. The 
guardianship bond insurance has increased in the last 3 years from $14,000 annually to $46,000 annually. However, 
no increase in the appropriation was ever given for this increase, so the deappropriation is based on the original 
funding level.
Fiscal Note
An Act To Determine the Necessity for a Public Guardian or Conservator Bond
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Judiciary
Fiscal Note Required: Yes
LR1683(02) - Fiscal Note - Page 1 of 1