Maine Revised Statutes Title 18-C Sec. 5-126 – Grievance against guardian or conservator
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1. File a grievance with the court. An individual who is subject to guardianship or conservatorship, or a person interested in the welfare of an individual subject to guardianship or conservatorship, who reasonably believes a guardian or conservator is breaching the guardian‘s or conservator’s fiduciary duty or otherwise acting in a manner inconsistent with this Act may file a grievance with the court. The grievance must be in writing or another record.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Terms Used In Maine Revised Statutes Title 18-C Sec. 5-126
- Adult: means an individual at least 18 years of age or an emancipated individual under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102
- Conservator: includes a coconservator. See Maine Revised Statutes Title 18-C Sec. 5-102
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a coguardian but does not include a guardian ad litem. See Maine Revised Statutes Title 18-C Sec. 5-102
- Guardian ad litem: means a person appointed to inform the court about, and to represent, the needs and best interest of an individual. See Maine Revised Statutes Title 18-C Sec. 5-102
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Individual subject to guardianship: means an adult or minor for whom a guardian has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. See Maine Revised Statutes Title 18-C Sec. 5-102
2. Procedure upon receiving grievance. Subject to subsection 3, after receiving a grievance under subsection 1, the court:
A. Shall review the grievance and, if necessary to determine the appropriate response to the grievance, court records related to the guardianship or conservatorship; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that:
(1) Removal of the guardian and appointment of a successor may be appropriate in accordance with section 5-318;
(2) Termination or modification of the guardianship may be appropriate under section 5-319;
(3) Removal of the conservator and appointment of a successor may be appropriate under section 5-430;
(4) Termination or modification of the conservatorship may be appropriate under section 5-431; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. May take any action supported by the grievance and record, including:
(1) Ordering the guardian or conservator to provide to the court a report, accounting, inventory, updated plan or other information;
(2) Appointing a guardian ad litem;
(3) Appointing an attorney for the individual subject to guardianship or conservatorship; or
(4) Scheduling a hearing. [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. Similar grievance filed within 6 months. The court may decline to proceed under subsection 2 if a similar grievance was made within the preceding 6 months and the court followed the procedures of subsection 2 in considering the grievance.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
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).