LD 2087
pg. 4
Page 3 of 6 An Act To Implement Recommendations Concerning Temporary Guardian and Conservat... Page 5 of 6
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LR 3211
Item 1

 
protection or, if none, an adult friend, if any can be
found.

 
(2)__Notice under paragraph (1) must include the following
information:

 
(i)__The temporary authority that the petitioner is
requesting;

 
(ii)__The location and telephone number of the court in
which the petition is being filed; and

 
(iii)__The name of the petitioner and the intended date
of filing.

 
(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.

 
(4)__Notice is not required under this subsection in the
following circumstances:

 
(i)__Giving notice will place the person alleged to be
in need of protection at substantial risk of abuse,
neglect or exploitation;

 
(ii)__Notice, if provided, would not be effective; or

 
(iii)__Other good cause as determined by the court.

 
(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.

 
Sec. 4. 18-A MRSA §5-408-A, sub-§(a-1), as amended by PL 1997, c. 35,
§2, is further amended to read:

 
(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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