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§5-506
Title 18-C: PROBATE CODE
Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS
Part 5: OTHER PROTECTIVE ARRANGEMENTS
§5-508

§5-507. Appointment and role of attorney

1.  Appointment of attorney.  The court shall appoint an attorney to represent the respondent in a proceeding under this Part if:  
A. Requested by the respondent;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Recommended by the visitor;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. The court determines that the respondent needs representation; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. It comes to the court's attention that the respondent wishes to contest any aspect of the proceeding or to seek any limitations on the protective arrangement.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Section 5‑119, subsection 1 governs payment of an attorney appointed by the court to represent a respondent under this subsection.  
[PL 2025, c. 511, §10 (AMD).]
2.  Attorney's duties.  An attorney representing the respondent in a proceeding under this Part shall:  
A. Make reasonable efforts to ascertain the respondent's wishes;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Advocate for the respondent's wishes to the extent reasonably ascertainable; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. If the respondent's wishes are not reasonably ascertainable, advocate for the result that is the least restrictive option in type, duration and scope, consistent with the respondent's interests.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Attorney for parent of minor.  The court shall appoint an attorney to represent a parent of a minor who is the subject of a proceeding under this Part if:  
A. The parent objects to the entry of an order for a protective arrangement or protective arrangements instead of guardianship or conservatorship;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. The court determines that counsel is needed to ensure that consent to the entry of an order for one or more protective arrangements is informed; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. The court otherwise determines the parent needs representation.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
If the court appoints counsel for a parent under this subsection and makes a finding that the parent is indigent, the court shall provide reasonable compensation to and reimburse the reasonable expenses of the attorney.  
[PL 2025, c. 511, §11 (AMD).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2025, c. 511, §§10, 11 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007
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