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protection or, if none, an adult friend, if any can be | found. |
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| (2)__Notice under paragraph (1) must include the following | information: |
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| (i)__The temporary authority that the petitioner is | requesting; |
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| (ii)__The location and telephone number of the court in | which the petition is being filed; and |
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| (iii)__The name of the petitioner and the intended date | of filing. |
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| (3)__The petitioner shall state in the affidavit required | under this subsection the date, time, location and method of | providing the required notice under paragraph (1) and to | whom the notice was provided.__The court shall make a | determination as to the adequacy of the method of providing | notice and whether the petitioner complied with the notice | requirements of this subsection.__The requirements of | section 5-405 do not apply to this section. |
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| (4)__Notice is not required under this subsection in the | following circumstances: |
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| (i)__Giving notice will place the person alleged to be | in need of protection at substantial risk of abuse, | neglect or exploitation; |
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| (ii)__Notice, if provided, would not be effective; or |
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| (iii)__Other good cause as determined by the court. |
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| (5)__If, prior to filing the petition, the petitioner did | not provide notice as required under this subsection, the | petitioner must state in the affidavit the reasons for not | providing notice.__If notice has not been provided, the | court shall make a determination as to the sufficiency of | the reason for not providing notice before issuing a | temporary order. |
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| | Sec. 4. 18-A MRSA §5-408-A, sub-§(a-1), as amended by PL 1997, c. 35, | §2, is further amended to read: |
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| | (a-1) If the court takes action to exercise the powers of a | conservator or to appoint a temporary conservator under | subsection (a), then the court, within 2 days, excluding | Saturdays, Sundays and legal holidays, of taking the action, |
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