An Act To Provide Counsel for a Person Who Is the Subject of an Adult Guardianship, Conservatorship or Other Protective Arrangement Proceeding”
Maine Legislature, Session 129, LD 0531
Committee Amendment CA_A_H821 (House)
Amends: 18-C MRSA §5

COMMITTEE AMENDMENT “      ” to H.P. 388, L.D. 531, “An Act To Provide 
Counsel for a Person Who Is the Subject of an Adult Guardianship, Conservatorship or 
Other Protective Arrangement Proceeding”
Amend the bill by striking out the title and substituting the following:
'An Act To Establish a Presumption of Entitlement to Counsel for a Person Who Is 
the Subject of an Adult Guardianship, Conservatorship or Other Protective 
Arrangement Proceeding'
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  18-C MRSA §5-305, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is repealed and the following enacted in its place:
1.  Presumption; appointment of attorney required.  There is a presumption that 
every respondent and adult subject to guardianship is entitled to legal representation.  In 
any proceeding on a petition under section 5-302, the court shall appoint an attorney for an 
unrepresented respondent or adult subject to guardianship.  This presumption may be 
rebutted if the court finds by clear and convincing evidence that the respondent or adult 
subject to guardianship knowingly and voluntarily refuses such representation and does not 
wish to contest any aspect of the proceeding or to seek any limitation on the guardian's 
powers.
Sec. 2.  18-C MRSA §5-406, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is repealed and the following enacted in its place:
1.  Presumption; appointment of attorney required.  There is a presumption that 
every respondent and adult subject to conservatorship is entitled to legal representation.  In 
any proceeding on a petition under section 5-402, the court shall appoint an attorney for an 
unrepresented respondent or adult subject to conservatorship.  This presumption may be 
rebutted if the court finds by clear and convincing evidence that the respondent or adult 
subject to conservatorship knowingly and voluntarily refuses such representation and does 
COMMITTEE AMENDMENT “      ” to H.P. 388, L.D. 531
COMMITTEE AMENDMENT
not wish to contest any aspect of the proceeding or to seek any limitation on the 
conservator's powers.
Sec. 3.  18-C MRSA §5-507, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is repealed and the following enacted in its place:
1.  Presumption; appointment of attorney required.  There is a presumption that 
every respondent and adult subject to a protective arrangement is entitled to legal 
representation.  In a proceeding under this Part, the court shall appoint an attorney for an 
unrepresented respondent or adult subject to a protective arrangement.  This presumption 
may be rebutted if the court finds by clear and convincing evidence that the respondent or 
adult subject to a protective arrangement knowingly and voluntarily refuses such 
representation and does not wish to contest any aspect of the proceeding or to seek any 
limitation to the protective arrangement.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively.
SUMMARY
This amendment is the majority report of the Joint Standing Committee on Judiciary.
This amendment replaces the bill.  The bill requires a probate court to appoint an 
attorney in all adult guardianship, conservatorship and other protective proceedings if the 
adult is not already represented by an attorney.
This amendment establishes a presumption that every adult in a guardianship, 
conservatorship or other protective proceeding is entitled to legal representation when not 
already represented and requires the court to appoint an attorney, except that the 
presumption may be rebutted if the court finds by clear and convincing evidence that the 
adult knowingly and voluntarily refuses such representation and does not wish to contest 
any aspect of the proceeding or powers of the guardian or conservator or limitation to the 
protective arrangement.
Approved: 04/06/20
LD 531
LR 286(02)
No fiscal impact
An Act To Provide Counsel for a Person Who Is the Subject of an Adult Guardianship, 
Conservatorship or Other Protective Arrangement Proceeding
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Judiciary
Fiscal Note Required: No
Fiscal Note
LR0286(02) - Fiscal Note - Page 1 of 1