LD 105
pg. 2
Page 1 of 2 An Act To Amend the Laws Pertaining to Temporary Guardianship LD 105 Title Page
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LR 373
Item 1

 
the court. The visitor or guardian ad litem shall also interview
the temporary guardian, except in cases where the court itself has
taken action to exercise the powers of a temporary guardian. In
the report to the court, the visitor or guardian ad litem shall
inform the court that the allegedly incapacitated person has
received a copy of the order appointing the temporary guardian.
The visitor or guardian ad litem shall advise the court as to
whether the allegedly incapacitated person wishes to contest any
aspect of the temporary guardianship or seek a limitation of the
temporary guardian's powers and whether the allegedly incapacitated
person is already represented by counsel. The visitor or guardian
ad litem shall also advise the court whether any issue exists with
respect to whether the appointment of the temporary guardian is in
the allegedly incapacitated person's best interest.

 
SUMMARY

 
This bill amends the temporary guardianship proceedings in the
Maine Revised Statutes, Title 18-A. The bill requires notice to
the allegedly incapacitated person prior to appointment of a
temporary guardian and provides the right to retained or
appointed counsel. The bill requires an application for
temporary guardianship to set forth the factual basis for any
power requested for the guardian to consent to medication. The
bill allows the allegedly incapacitated person the power to
control, to the extent possible, visitation with family and
friends. The bill requires the temporary guardian and the
guardian ad litem or visitor to be qualified to serve in that
capacity. The bill shortens the time period for the report of
the guardian ad litem or visitor to the court from 10 days from
the date of appointment to 5 days from that date.


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