ME estate risk
Guardianship risk in Maine
How courts appoint guardians for minors when no plan is in place.
Maine courts appoint guardians for minors when it is in the child’s best interest and statutory conditions are met.
At a glance
Key takeaways
- A minor or any interested person may petition for guardianship.
- The court may appoint a guardian if parents consent, parental rights are terminated, or the court finds parents are unwilling or unable to care for the child.
- Notice of a guardianship hearing must be given to parents, the minor (if 14 or older), and other required parties.
- A minor age 14 or older may nominate a guardian, subject to court approval.
Questions to consider
Questions to consider in Maine
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Maine courts appoint guardians for minors when it is in the child’s best interest and statutory conditions are met.
- A minor or any interested person may petition for guardianship.
- The court may appoint a guardian if parents consent, parental rights are terminated, or the court finds parents are unwilling or unable to care for the child.
- Notice of a guardianship hearing must be given to parents, the minor (if 14 or older), and other required parties.
- A minor age 14 or older may nominate a guardian, subject to court approval.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Notice and hearing requirements apply before appointment.
Sources
- https://www.legislature.maine.gov/statutes/18-C/title18-Csec5-204.html
- https://legislature.maine.gov/statutes/18-C/title18-Csec5-205.html
Background sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Maine.
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