LD 2087
pg. 3
Page 2 of 6 An Act To Implement Recommendations Concerning Temporary Guardian and Conservat... Page 4 of 6
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LR 3211
Item 1

 
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 if circumstances indicate 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.

 
Sec. 3. 18-A MRSA §5-408-A, sub-§(a), as enacted by PL 1993, c. 652,
§7, is amended to read:

 
(a) When a person is alleged to be in need of protection and
an emergency exists and no other person appears to have authority
to act in the circumstances, upon appropriate petition, the court
may exercise the power of a conservator or may enter an ex parte
order appointing a temporary conservator in order to prevent
serious, immediate and irreparable harm to the health or
financial interests of the person alleged to be in need of
protection and to preserve and apply the property of the person
to be protected as may be required for that person's benefit or
the benefit of that person's dependents. The petition must be
accompanied by an affidavit that sets forth the factual basis for
the emergency and the specific powers requested by the proposed
conservator. In the order and in the letters of temporary
conservatorship, the court shall specify the powers and duties of
the temporary conservator, limiting the powers and duties to
those necessary to address the emergency.

 
(1)__Except as otherwise provided in this section, prior to
filing a petition under this subsection the petitioner shall
provide notice orally or in writing to the following:

 
(i)__The person alleged to be in need of protection and
the person's spouse, parents, adult children and any
domestic partner known to the court;

 
(ii)__Any person who is serving as guardian or
conservator or who has care and custody of the person
alleged to be in need of protection; and

 
(iii)__In case no other person is notified under subparagraph
(i), at least one of the closest adult relatives of the person
alleged to be in need of


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