LD 2087
pg. 4
Page 3 of 6 PUBLIC Law Chapter 625 Page 5 of 6
Download Chapter Text
LR 3211
Item 1

 
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
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.


Page 3 of 6 Top of Page Page 5 of 6
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer