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: Judiciary
Sponsors: CARDONE
Amends: 18-C MRSA §5

Legislative Document
No. 480
H.P. 354
House of Representatives, February 16, 2021
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
Received by the Clerk of the House on February 11, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
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 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 B, §14, is repealed and the following enacted in its place: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 B, §14, is repealed and the following enacted in its place: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 
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.
SUMMARY
This bill establishes a presumption that every adult in a guardianship, conservatorship 
or other protective arrangement 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.