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: Judiciary
Sponsors: CARDONE, CARPENTER, BRADSTREET, MOONEN, KEIM
Amends: 18-C MRSA §5

Legislative Document
No. 531
H.P. 388
House of Representatives, January 31, 2019
An Act To Provide Counsel for a Person Who Is the Subject of an 
Adult Guardianship, Conservatorship or Other Protective 
Arrangement Proceeding
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Cosponsored by Senator CARPENTER of Aroostook and
Representatives: BRADSTREET of Vassalboro, MOONEN of Portland, Senator: KEIM of 
Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §5-305, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read:
1.  Appointment of attorney required.  The If a respondent is not represented by an 
attorney, the court shall appoint an attorney to represent the respondent in a proceeding 
on a petition under section 5-302 if:.
A.  Requested by the respondent;
B.  Recommended by the visitor;
C.  The court determines that the respondent needs representation; or
D.  It comes to the court's attention that the respondent wishes to contest any aspect 
of the proceeding or to seek any limitation on the proposed guardian's powers.
Sec. 2.  18-C MRSA §5-318, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read:
4.  Attorney for the adult.  An adult subject to guardianship who seeks to remove 
the guardian and have a successor appointed has a right to choose an attorney to represent 
the adult.  If the adult subject to guardianship is not represented by an attorney, the court 
shall appoint an attorney under the same conditions as in section 5-305.  The court shall 
award reasonable attorney's fees to the attorney for the adult as provided in section 5-119.
Sec. 3.  18-C MRSA §5-319, sub-§7, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read:
7.  Attorney for the adult.  An adult subject to guardianship who seeks to terminate 
or modify the terms of the guardianship has a right to choose an attorney to represent the 
adult in this matter.  If the adult is not represented by an attorney, the court shall appoint 
an attorney under the same conditions as in section 5-305.  The court shall award 
reasonable attorney's fees to the attorney for the adult as provided in section 5-119.
Sec. 4.  18-C MRSA §5-406, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read:
1.  Attorney for respondent.  The If a respondent is not represented by an attorney, 
the court shall appoint an attorney to represent a the respondent in a proceeding on a 
petition under section 5-402 if:.
A.  Requested by the respondent;
B.  Recommended by the visitor;
C.  The court determines that the respondent needs representation; or
D.  It comes to the court's attention that the respondent wishes to contest any aspect 
of the proceeding or to seek any limitation on the proposed conservator's powers.
Sec. 5.  18-C MRSA §5-430, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read:
4.  Attorney for individual subject to conservatorship.  If an individual subject to 
conservatorship who seeks to remove the conservator and have a successor appointed is 
not represented by an attorney, the court shall appoint an attorney under the same 
conditions as in section 5-406. The court shall award reasonable attorney's fees to the 
attorney for the individual as provided in section 5-119.
Sec. 6.  18-C MRSA §5-431, sub-§9, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read:
9.  Attorney for individual subject to conservatorship.  If an individual subject to 
conservatorship who seeks to terminate or modify the terms of the conservatorship is not 
represented by an attorney, the court shall appoint an attorney under the same conditions 
in section 5-406.  The court shall award reasonable attorney's fees to the individual's 
attorney as provided in section 5-119.
Sec. 7.  18-C MRSA §5-507, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read:
1.  Appointment of attorney.  The If a respondent is not represented by an attorney, 
the court shall appoint an attorney to represent the respondent in a proceeding under this 
Part if:.
A.  Requested by the respondent;
B.  Recommended by the visitor;
C.  The court determines that the respondent needs representation; or
D.  It comes to the court's attention that the respondent wishes to contest any aspect 
of the proceeding or to seek any limitations on the protective arrangement.
SUMMARY
This bill requires a probate court to appoint an attorney for a person who is not 
already represented by an attorney when the person is the subject of a petition for adult 
guardianship, conservatorship or other protective arrangement.