reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 2: JURISDICTION › 18-C §5-623. Jurisdiction

§5-623. Jurisdiction
A court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if:   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1.  Respondent's home state.
This State is the respondent's home state; or
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Significant-connection state and other factors.
On the date the petition is filed, this State is a significant-connection state and:
A. The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this State is a more appropriate forum;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:
(1) A petition for an appointment or order is not filed in the respondent's home state;
(2) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(3) The court in this State concludes that it is an appropriate forum under the factors set forth in section 5‑626;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. This State does not have jurisdiction under either paragraph A or B, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum and jurisdiction in this State is consistent with the Constitution of Maine and the United States Constitution; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. The requirements for special jurisdiction under section 5‑624 are met.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 2: JURISDICTION › 18-C §5-624. Special jurisdiction

§5-624. Special jurisdiction
1.  Special jurisdiction.
If this State is not the respondent's home state and not a significant-connection state, a court of this State has special jurisdiction to do any of the following:
A. Appoint a guardian in an emergency for a term not exceeding 6 months for a respondent who is physically present in this State;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Issue a protective order with respect to real or tangible personal property located in this State; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Appoint a guardian or conservator for an individual subject to guardianship or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to those in section 5-631.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Emergency appointment.
If a petition for the appointment of a guardian in an emergency is brought in this State and this State was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 2: JURISDICTION › 18-C §5-625. Exclusive and continuing jurisdiction

§5-625. Exclusive and continuing jurisdiction
Except as otherwise provided in section 5-624, a court that has appointed a guardian or issued a protective order consistent with this Part has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 2: JURISDICTION › 18-C §5-626. Appropriate forum

§5-626. Appropriate forum
1.  Decline jurisdiction.
A court of this State having jurisdiction under section 5-623 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Actions by court that declines jurisdiction.
If a court of this State declines to exercise its jurisdiction under subsection 1, it shall either:
A. Dismiss or stay the proceeding; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Appropriate forum factors.
In determining whether it is an appropriate forum, the court shall consider all relevant factors, which may include:
A. Any expressed preference of the respondent;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. The length of time the respondent was physically present in or was a legal resident of this State or another state;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. The distance of the respondent from the court in each state;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
E. The financial circumstances of the respondent's estate;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
F. The nature and location of the evidence;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
G. The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
H. The familiarity of the court of each state with the facts and issues in the proceeding; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
I. If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 2: JURISDICTION › 18-C §5-627. Jurisdiction declined by reason of conduct

§5-627. Jurisdiction declined by reason of conduct
1.  Jurisdiction because of unjustifiable conduct.
If at any time a court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
A. Decline to exercise jurisdiction;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Continue to exercise jurisdiction after considering:
(1) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(2) Whether it is a more appropriate forum than the court of any other state under the factors set forth in section 5-626, subsection 3; and
(3) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 5-623.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Assessment of expenses.
If a court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court may not assess fees, costs or expenses of any kind against this State or a governmental subdivision, agency or instrumentality of this State unless authorized by law other than this Part.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 2: JURISDICTION › 18-C §5-628. Notice of proceeding

§5-628. Notice of proceeding
If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this State, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this State.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 2: JURISDICTION › 18-C §5-629. Proceedings in more than one state

§5-629. Proceedings in more than one state
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under section 5‑624, subsection 1, paragraph A or B, if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following apply.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1.  Jurisdiction proper; proceed with case.
If the court in this State has jurisdiction under section 5‑623, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 5‑623 before the appointment or issuance of the order.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Lack of jurisdiction; communication with court.
If the court in this State does not have jurisdiction under section 5‑623, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this State shall dismiss the petition unless the court in the other state determines that the court in this State is a more appropriate forum.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 4: MISCELLANEOUS PROVISIONS › 18-C §5-641. Uniformity of application and construction

§5-641. Uniformity of application and construction
In applying and construing this Part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 4: MISCELLANEOUS PROVISIONS › 18-C §5-642. Relation to Electronic Signatures in Global and National Commerce Act

§5-642. Relation to Electronic Signatures in Global and National Commerce Act
This Part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede 15 United States Code, Section 7001(c) or authorize electronic delivery of any of the notices described in 15 United States Code, Section 7003(b).   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 6: UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › Subpart 4: MISCELLANEOUS PROVISIONS › 18-C §5-643. Transitional provisions

§5-643. Transitional provisions
1.  Proceedings on or after September 1, 2019.
This Part applies to guardianship and protective proceedings begun on or after September 1, 2019.
[PL 2019, c. 417, Pt. B, §5 (AMD).]
2.  Proceedings before September 1, 2019.
Subparts 1 and 3 and sections 5‑641 and 5‑642 apply to proceedings begun before September 1, 2019, regardless of whether a guardianship or protective order has been issued.
[PL 2019, c. 417, Pt. B, §5 (AMD).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §5 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-701. Public guardians and conservators; general

§5-701. Public guardians and conservators; general
1.  Appointment of public guardian or conservator.
In any case in which a guardian or conservator may be appointed by the court under this Article, the court may appoint a public guardian or conservator as provided in this Part for persons who are in need of protective services.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Department of Health and Human Services.
The Department of Health and Human Services shall act as the public guardian or conservator for persons in need of protective services.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Article applies to public guardians and conservators.
Except as otherwise provided in this Part, the appointment, termination, rights and duties and other provisions for guardians and conservators in this Article apply to public guardians and conservators.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4.  Access to records.
In any case in which a public guardian or conservator may be or has been appointed by the court under this Article, the Department of Health and Human Services shall disclose to the respondent and the respondent's attorney relevant information from the department's records as required by Title 22, section 3474, subsection 3, paragraph F.
[PL 2023, c. 151, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2023, c. 151, §1 (AMD).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-702. Priority of private guardian or conservator

§5-702. Priority of private guardian or conservator
A public guardian or conservator may not be appointed if the court determines that a suitable private guardian or conservator is available and willing to assume the responsibilities of a guardian or conservator.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-703. Exclusiveness of public guardian or conservator

§5-703. Exclusiveness of public guardian or conservator
When the court has appointed a public guardian under this Part, no coguardian may be appointed for the same individual subject to guardianship. When the court has appointed a public conservator under this Part, a coconservator may not be appointed for the same individual subject to conservatorship.   [PL 2019, c. 417, Pt. A, §96 (AMD).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §96 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-704. Nomination of public guardian or conservator

§5-704. Nomination of public guardian or conservator
1.  Nomination of public guardian.
Any person who is eligible to petition for appointment of a guardian under section 5‑302, subsection 1, including the commissioner of any state department, the head of any state institution, the board of overseers and the welfare director or health officer of any municipality, may nominate the public guardian.
[PL 2021, c. 275, §5 (AMD).]
2.  Nomination of public conservator.
Any person who is eligible to petition for appointment of a conservator under section 5‑402, subsection 1, including the commissioner of any state department, the head of any state institution, the board of overseers and the welfare director or health officer of any municipality, may nominate the public conservator.
[PL 2021, c. 275, §5 (AMD).]
3.  Article applies to proceedings for determining appointment.
Except as supplemented by section 5‑705, the proceedings for determining the appointment of a public guardian or conservator are governed by the provisions of this Article for the appointment of guardians and conservators generally.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 275, §5 (AMD).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-705. Acceptance by public guardian or conservator; plan

§5-705. Acceptance by public guardian or conservator; plan
Prior to the appointment of a public guardian or conservator, the appropriate agency nominated shall accept or reject the nomination in writing within 30 days of its receipt of notification that it has been nominated and if the nomination is accepted shall file a plan under section 5‑316 for a guardianship and section 5‑419 for a conservatorship.   [PL 2019, c. 417, Pt. A, §97 (AMD).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §97 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-706. Officials authorized to act as public guardian or conservator

§5-706. Officials authorized to act as public guardian or conservator
1.  Commissioner of Health and Human Services.
When the Department of Health and Human Services is appointed public guardian or conservator of a person, the authority of the public guardian or conservator must be exercised by the Commissioner of Health and Human Services and by any persons duly delegated by the commissioner to exercise such authority.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 2019, Pt. B, §14 (AFF).]
2.  Delegation of authority.
Persons duly delegated by the officials authorized to act under subsection 1 may include a staff of competent social workers or competent social workers assigned to the public guardian or conservator by the Department of Health and Human Services. In the event that the delegation is to an individual, such individual must be qualified by reason of education or experience, or both, in administering to the needs of the individual or individuals over whom the individual is to exercise administrative or supervisory authority under the public guardian.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-707. Duties and powers of a public guardian or conservator

§5-707. Duties and powers of a public guardian or conservator
A public guardian or conservator has the same powers, rights and duties respecting the individual subject to guardianship or the individual subject to conservatorship as provided for guardians and conservators by the other Parts of this Article except as otherwise specifically provided in this Part, including the following particular provisions.   [PL 2019, c. 417, Pt. A, §98 (AMD).]
1.  Placement in licensed facility; removal.
A public guardian may place an individual subject to guardianship in a facility described in Title 22, section 1811 only if the facility is duly licensed. In the event that the license of any such facility is suspended or revoked, the public guardian having any individual subject to guardianship placed in that facility shall remove the individual and effect an appropriate placement of the individual as soon as practicable after knowledge of the suspension or revocation of the license.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Examination and evaluation; report to court.
[PL 2019, c. 417, Pt. A, §99 (RP).]
3.  Records.
[PL 2019, c. 417, Pt. A, §99 (RP).]
4.  In absence of kin, autopsy and burial.
A public guardian, in the absence of available next of kin, may authorize the performance of an autopsy upon the body of a deceased individual subject to guardianship. The public guardian, in the absence of available next of kin, or in the event that next of kin refuses to assume responsibility for the deceased individual subject to guardianship, shall cause any deceased individual subject to guardianship to be suitably buried and has authority to expend funds of the individual for that purpose, and in the event the individual is without funds at the time of death, the public guardian shall cause the individual to be suitably buried at public expense, as in the case of the burial of any other deceased indigent person.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §§98, 99 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-708. No change in rights to services

§5-708. No change in rights to services
The appointment of a public guardian or conservator in no way enlarges or diminishes the individual subject to guardianship's or protected person's right to services made available to all persons in need of service or protection in the State except for the provision of guardianship or conservatorship services as provided under this Article.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-709. No change in powers and duties of agency heads and trustees

§5-709. No change in powers and duties of agency heads and trustees
Nothing in this Article abrogates any other powers or duties vested by law in the head of any public institution, or vested by the settlor of a trust in the trustee thereof, for the benefit of any individual subject to guardianship or protected person for whom the public guardian or conservator is appointed.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-710. Bond not required

§5-710. Bond not required
The public guardian or conservator is not required to file bonds in individual guardianships or conservatorships.   [PL 2021, c. 398, Pt. KK, §3 (AMD).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 398, Pt. KK, §3 (AMD).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-711. Compensation

§5-711. Compensation
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, 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.
[PL 2021, c. 398, Pt. KK, §4 (AMD).]
2.  Reimbursement of personal expenditures.
Any personal expenditures made on the individual subject to guardianship's or protected person's behalf by the public guardian or conservator must, when properly evidenced, be reimbursed out of the individual subject to guardianship's or protected person's estate. Claims for services rendered by state agencies must be submitted to the Probate Court for approval before payment.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 398, Pt. KK, §4 (AMD).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-712. Individuals subject to guardianship; guardian ad litem costs

§5-712. Individuals subject to guardianship; guardian ad litem costs
1.  Guardian ad litem, other special costs.
The costs of the guardian ad litem or any other special costs may be paid by the Department of Health and Human Services, within the limits of the department's budget, when:
A. A person is in need of protective services and:
(1) A guardian ad litem is appointed under the provisions of this Code; or
(2) A court incurs special costs in a proceeding concerning the person; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Appointment of a public guardian or conservator is sought or the person, within 3 months prior to the filing of the petition:
(1) Is or has been a client of the Department of Health and Human Services; or
(2) Has received services from a worker from the Department of Health and Human Services.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Payment of costs.
The Department of Health and Human Services is not liable for the costs set out in subsection 1 if the department can demonstrate that the person has assets against which the costs may be assessed or that another more appropriate funding source is available and subject to the court's jurisdiction.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 7: PUBLIC GUARDIAN AND CONSERVATOR › 18-C §5-713. Limited public guardianships

§5-713. Limited public guardianships
The provisions of Parts 2 and 3 regarding limited guardianships apply to the appointment of public guardians.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-801. Short title

§5-801. Short title
This Part may be known and cited as "the Uniform Health Care Decisions Act."   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-803-A. Remote signing of advance health care directives in health care facilities

§5-803-A. Remote signing of advance health care directives in health care facilities
When a principal in a hospital or a residential health care facility has an infectious disease and is confined to a room or ward where isolation precautions prevent the physical presence of individuals or documents necessary for executing the principal's advance health care directives, staff, employees and agents of a hospital or a residential health care facility where the principal is located may assist and facilitate the execution of advance health care directives using the process provided in this section.   [PL 2021, c. 452, §1 (NEW).]
The principal may direct another individual physically located beyond the isolation area but in the same facility to sign the principal's name to the advance health care directive. If necessary, the principal may employ 2-way audiovisual communication technology to direct the individual to sign and to allow the signing to be witnessed. This audiovisual technology must allow direct contemporaneous interaction between the principal, the individual signing the document and any witness by sight and sound in real time.   [PL 2021, c. 452, §1 (NEW).]
The principal must be provided with an unsigned copy of the advance health care directive prior to the signing for the principal to review. The individual signing for the principal must be provided with the original advance health care directive. After it is signed and witnessed, a copy of the original advance health care directive must be given to the principal or the principal's agent if named in the advance health care directive. The signed and witnessed original advance health care directive must be filed with the principal's medical record as soon as possible.   [PL 2021, c. 452, §1 (NEW).]
If the principal or the principal's agent identifies any substantive difference between the unsigned copy and the signed and witnessed original advance health care directive, the principal or the agent may revoke the advance health care directive by notifying the primary physician either orally or in writing.   [PL 2021, c. 452, §1 (NEW).]
Staff, employees and agents of a hospital or a residential health care facility are immune from suit or legal liability for their good faith actions or omissions arising out of their use of the procedures described in this section.   [PL 2021, c. 452, §1 (NEW).]
This section does not apply to any other documents or settings or when advance health care directives are notarized.   [PL 2021, c. 452, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 452, §1 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-804. Revocation of advance health care directive

§5-804. Revocation of advance health care directive
1.  Revocation of designation of agent.
An individual with capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Revocation of advance health care directive.
An individual with capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Communication of revocation.
A health care provider, agent, guardian or surrogate who is informed of a revocation by an individual with capacity shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution at which the patient is receiving care.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4.  Revocation of spouse as agent.
A decree of annulment, divorce, dissolution of marriage or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
5.  Revocation of earlier advance health care directive in conflict.
An advance health care directive that conflicts with an earlier advance health care directive revokes the earlier directive to the extent of the conflict.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-807. Decisions by guardian

§5-807. Decisions by guardian
1.  Compliance with expressed wishes; cannot revoke advance health care directive.
Except as authorized by a court of competent jurisdiction, a guardian shall comply with the individual subject to guardianship's individual instructions and other wishes, if any, expressed while the individual subject to guardianship had capacity and to the extent known to the guardian and may not revoke the individual subject to guardianship's advance health care directive unless the appointing court expressly so authorizes.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Agent's decision takes precedence.
Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Effective without judicial approval; exceptions.
A health care decision made by a guardian for the individual subject to guardianship is effective without judicial approval, except under the following circumstances:
A. The guardian's decision is contrary to the individual subject to guardianship's individual instructions and other wishes, expressed while the individual subject to guardianship had capacity; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. The guardian seeks to withhold or withdraw life-sustaining treatment from the individual subject to guardianship, against the advice of the individual subject to guardianship's primary physician and in the absence of instructions from the individual subject to guardianship, made while the individual subject to guardianship had capacity.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-809. Health care information

§5-809. Health care information
Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health care information.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-810. Immunities

§5-810. Immunities
1.  Health care provider or institution.
A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or health care institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
A. Complying with a health care decision of a person apparently having authority and capacity to make a health care decision for a patient, including a decision to withhold or withdraw health care;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Declining to comply with a health care decision of a person based on a belief that the person then lacked authority or capacity or that the decision otherwise does not comply with this Part;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Complying with an advance health care directive and assuming that the directive was valid when made and has not been revoked or terminated; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. Seeking judicial relief from a court of competent jurisdiction.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Agent, guardian or surrogate.
An individual acting as agent, guardian or surrogate under this Part is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-811. Statutory damages

§5-811. Statutory damages
1.  Health care provider or institution; intentional violation.
A health care provider or health care institution that intentionally violates this Part is subject to liability to the aggrieved individual for damages of $500 or actual damages resulting from the violation, whichever is greater, plus reasonable attorney's fees.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Interference with autonomy to make health care decisions.
A person who intentionally falsifies, forges, conceals, defaces or obliterates an individual's advance health care directive or a revocation of an advance health care directive without the individual's consent, or who coerces or fraudulently induces an individual to give, revoke or not to give an advance health care directive, is subject to liability to that individual for damages of $2,500 or actual damages resulting from the action, whichever is greater, plus reasonable attorney's fees.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-812. Capacity

§5-812. Capacity
1.  Right to make health care decisions while having capacity.
This Part does not affect the right of an individual to make health care decisions while having capacity to do so.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Presumed to have capacity; rebuttal.
An individual is presumed to have capacity to make a health care decision, to give or revoke an advance health care directive and to designate or disqualify a surrogate. This presumption may be rebutted by a determination by the individual's primary physician or by a court of competent jurisdiction.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-813. Effect of copy

§5-813. Effect of copy
A copy of a written advance health care directive, revocation of an advance health care directive or designation or disqualification of a surrogate has the same effect as the original.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-814. Effect of Part

§5-814. Effect of Part
1.  No presumption concerning intention if no advance health care directive or if revoked.
This Part does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health care directive.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Death resulting from withholding or withdrawing health care.
Death resulting from the withholding or withdrawal of health care in accordance with this Part does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Prohibited by other statutes.
This Part does not authorize mercy killing, assisted suicide, euthanasia or the provision, withholding or withdrawal of health care to the extent prohibited by other statutes of this State.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4.  Health care contrary to generally accepted health care standards.
This Part does not authorize or require a health care provider or health care institution to provide health care contrary to generally accepted health care standards applicable to the health care provider or health care institution.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
5.  Admission to a mental health institution.
This Part does not authorize an agent or surrogate to consent to the admission of an individual to a mental health institution unless the individual's written advance health care directive expressly so provides.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
6.  Other statutes governing treatment for mental illness.
This Part does not affect other statutes of this State governing treatment for mental illness of an individual involuntarily committed to a mental health institution.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS › Part 8: UNIFORM HEALTH CARE DECISIONS ACT › 18-C §5-815. Judicial relief

§5-815. Judicial relief
On petition of a patient, the patient's agent, guardian or surrogate, a health care or social services provider or health care institution involved with the patient's care, a state agency mandated to provide adult protective services pursuant to Title 22, chapter 958‑A, or an adult relative or adult friend of the patient, the court may enjoin or direct a health care decision or other equitable relief.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).