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
Maine Legislature, Session 130, LD 0480
Committee Amendment CA_A_H1010 (House)

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COMMITTEE AMENDMENT" A "to H.P. 354, L.D. 480, "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 in section 1 in subsection 1 in the 5th line (page 1, line 8 in L.D.) by 
striking out the following: "clear and convincing" and inserting the following: '.!! 
preponderance of the' 
Amend the bill in section 2 in subsection 1 in the 5th line (page 1, line 18 in L.D.) by 
striking out the following: "clear and convincing" and insetting the following: 'i! 
preponderance of the' 
Amend the bill in section 3 in subsection 1 in the 5th line (page 1, line 28 in L.D.) by 
striking out the following: "clear and convincing" and inserting the following: '.!! 
preponderance of the' 
Amend the bill by inserting after section 3 the following: 
'Sec. 4. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
County Probate Counsel Reimbursement Program N959 
Initiative: Provides funding to reimburse counties for the costs of mandated counsel 
appointed in Probate Comt cases. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
ADMINISTRATIVE AND FINANCIAL 
SERVICES, DEPARTMENT OF 
Page I - 130LR0646(03) 
$0 
COMMITTEE AMENDMENT 
2022-23 
$715,500 
$715,500 
COMMITTEE AMENDMENT "A" to H.P. 354, L.D. 480 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2021-22 
$0 
$0 
2022-23 
$715,500 
$715,500 
.,.5 
"'""S 
~.Oi' 
~"" 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Office of Aging and Disability Services Adult Protective Services Z040 
Initiative: Provides funding for increased legal costs to the Department of Health and 
Human Services due to an expected increase in litigation. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
SECTION TOTAL - ALL FUNDS 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
2021-22 
$0 
$0 
2022-23 
$103,104 
$103,104 
2022-23 
$103,104 
$103,104 
2022-23 
$818,604 
$818,604 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, lowers the threshold 
of evidence required to rebut the presumption that an attorney must be appointed for an 
unrepresented adult respondent in a guardianship, conservatorship or other protective 
5 
arrangement proceeding from the standard of clear and convincing evidence in the bill to a 
preponderance of the evidence. 
The amendment also incorporates a fiscal note, which indicates that the requirement 
8 
that county probate comts appoint an attorney for every adult in a guardianship, 
conservatorship or other protective arrangement proceeding unless the court finds that the 
adult knowingly and voluntarily refuses such representation may constitute a state mandate 
pursuant to Article IX, Section 21 of the Constitution of Maine. Under current law, 
counties are already required to appoint attorneys to represent indigent adult respondents 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 354, L.D. 480 
in guardianship, conservatorship or other protective arrangement proceedings if the criteria 
in the Maine Revised Statutes, Title 18-C, section 5-305, subsection 1, section 5-406, 
subsection 1 or section 5-507, subsection 1 are met. The majority of the committee agrees 
that, to the extent that the presumption included in this legislation expands the number of 
cases in which attomeys will be appointed to represent indigent adult respondents at county 
expense, it constitutes a state mandate. Accordingly, the amendment includes an 
appropriation to fund 90% of the costs associated with the expanded number of cases in 
which attorneys will be appointed to represent indigent adult respondents at county expense 
as a result of the new presumption. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/08/22 ;:!;Pae.. 
LD480 
LR646(03) 
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 
Fiscal Note for Bill as Amended by Committee Amendment A' ( f1 ,..-/ 6 J {J \ 
Committee: Judiciary 
) 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Funded 
FY 2021-22 
FY 2022-23 
$0 
$818,604 
$0 
$818,604 
Requires Probate Courts to appoint an attorney for every adult in a guardianship, 
conservatorship or other protective arrangement proceeding unless the court finds 
that the adult lmowingly and voluntarily refuses such representation. 
Projections 
FY2023-24 
$818,604 
$818,604 
Unit Affected 
County 
Projections 
FY2024-25 
$818,604 
$818,604 
Local Cost 
$795,000 
The required local activities in this bill may represent a state mandate pursuant to the Constitution of Maine. If the 
bill does require a local unit of government to expand or modify its activities so as to necessitate additional 
expenditures from local revenue, the state mandate provisions of the Constitution of Maine require either: (1) 
General Fund appropriations be provided to fund at least 90% of any additional necessitated local costs of the 
mandate; or (2) a Mandate Preamble be added to the bill and two-thirds of the members of each House vote to 
exempt the mandate from the funding requirement. If the bill does represent a state mandate and neither one of these 
actions occurs, the local units of government will not be required to implement the mandated activities. 
Fiscal Detail and Notes 
This bill includes a General Fund appropriation of $715,500 beginning in fiscal year 2022-23 to a newly created 
County Probate Counsel Reimbursement Program in the Department of Administrative and Financial Services to 
reimburse counties for 90% of the costs of mandated counsel appointed in Probate Court cases. The bill also includrr 
General Fund appropriations to the Department of Health and Human Services of $103,104 beginning in fiscal year 
2022-23 for increased legal costs to the Department of Health and Human Services due to an expected increase in 
litigation. 
LR0646(03) - Fiscal Note - Page 1 of 1