PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Establish an Expedited Temporary Guardianship Process
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-A MRSA §5-207, sub-§(e)  is enacted to read:
 
(e).      If the court finds that compliance with the procedures of this section will likely result in substantial harm to the minor's health, safety or welfare and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the minor's welfare, may by order appoint a temporary guardian whose authority may not exceed 180 days and who may exercise only the powers specified in the order. Except as otherwise provided in paragraph (1), reasonable notice of the time and place of a hearing on the petition must be given to the minor, if the minor is at least 14 years of age, and any other persons as the court directs. The court may by order appoint the temporary guardian for up to an additional 180 days after notice to the minor, if the minor is at least 14 years of age, and any other persons as the court directs and hearing on the appointment.
 
(1).  A temporary guardian may be appointed pursuant to this subsection without notice to the minor and the minor's parent or legal guardian only if the court finds from affidavit or testimony that the minor will be substantially harmed before a hearing on the appointment can be held. If the court appoints a temporary guardian without notice to the minor's parent or legal guardian, the parent or legal guardian must be given notice of the appointment within 48 hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within 5 days after the appointment.
 
(2).  The court may remove a temporary guardian appointed pursuant to this subsection at any time. A temporary guardian shall make any report the court requires. In other respects, the provisions of this Article concerning guardians apply to a temporary guardian.
 
(3).  Parents of a minor are presumed to be acting to protect the minor from substantial harm to the minor's health, safety and welfare. This presumption may be overcome only by clear and convincing evidence.
 
SUMMARY
This bill amends the Probate Code to add an expedited process for the court to appoint a temporary guardian for a minor.
The bill allows the Probate Court to appoint a temporary guardian when a petition is brought seeking the expedited appointment if the court finds that following the usual procedure for notice and hearing will likely result in substantial harm to the minor's health, safety or welfare and that no other person appears to have authority and willingness to act in the circumstances. The appointment lasts for no more than 180 days. The temporary guardian has only the powers the court includes in the appointment order.
Reasonable notice about the hearing must be given to the minor, if the minor is at least 14 years of age, and to any other persons as the court directs. A temporary guardian may be appointed without prior notice only when there is testimony that the minor would be substantially harmed before the hearing on the appointment. In such case, notice must be given within 48 hours and a hearing held within 5 days.
The court may appoint the temporary guardian for up to an additional 180 days after notice and hearing.
The bill provides that a temporary guardian appointed through this expedited process remains subject to the other provisions of the Probate Code, Article 5, including the provisions relating to the duties of guardians.
The bill establishes a presumption that the parents of a minor are acting to protect the minor's health, safety and welfare. The presumption can be overcome only by clear and convincing evidence.