Maine Revised Statutes Title 18-C Sec. 5-502 – Basis for protective arrangements instead of guardianship for adult
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1. Findings. After the hearing conducted on a petition for guardianship under section 5?302 or one or more protective arrangements instead of guardianship under section 5?501, subsection 2, the court may enter an order for one or more protective arrangements instead of guardianship under subsection 2 if the court finds by clear and convincing evidence that:
A. The respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, after the court’s consideration of the respondent’s ability to use appropriate supportive services, technological assistance or supported decision making that provides adequate protection for the respondent; and [PL 2019, c. 417, Pt. A, §83 (AMD).]
B. The respondent’s identified needs cannot be met by less restrictive alternatives that provide adequate protection for the respondent. [PL 2019, c. 417, Pt. A, §83 (AMD).]
[PL 2019, c. 417, Pt. A, §83 (AMD).]
Terms Used In Maine Revised Statutes Title 18-C Sec. 5-502
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- Respondent: means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought. See Maine Revised Statutes Title 18-C Sec. 5-102
- Supported decision making: means assistance from one or more persons of an individual's choosing:
2. Orders other than guardianship. If the court makes the findings under subsection 1, the court, instead of appointing a guardian, may:
A. Authorize or direct one or more transactions necessary to meet the respondent’s need for health, safety or care, including but not limited to:
(1) One or more particular medical treatments or refusals of particular medical treatments;
(2) A move to a specified place of dwelling; or
(3) Visitation or supervised visitation between the respondent and another person; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Restrict access to the respondent by a person whose access places the respondent at serious risk of physical or psychological harm; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Order other arrangements on a limited basis that are appropriate. [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. Factors. In deciding whether to enter an order under this section, the court shall consider the factors under sections 5?313 and 5?314 that a guardian must consider when making a decision on behalf of an adult subject to guardianship. In addition, in deciding whether to enter an order under this section, including whether supported decision making or other less restrictive alternatives are appropriate, the court may consider the following factors: any proposed vetting of the person or persons chosen to provide support in decision making; reports to the court by an interested party or parties regarding the effectiveness of an existing supported decision-making arrangement; or any other information the court determines necessary or appropriate to determine whether supportive services, technological assistance, supported decision making, protective arrangements or less restrictive arrangements will provide adequate protection for the respondent.
[PL 2019, c. 417, Pt. A, §84 (AMD).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §§83, 84 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).