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Maine Acceptance of Appointment by Guardian of Incapacitated Person

State:
Maine
Control #:
ME-AR-173-07
Format:
PDF
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A06 Acceptance of Appointment by Guardian of Incapacitated Person
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FAQ

When should a guardian be appointed? A child guardian will be appointed when the family court requires an independent view of what has been happening in the concerned child's life and what should happen in their life. The court will appoint a children guardian in child proceedings under the Children Act 1989.

These types of decisions may include giving consent to medical care or treatment; purchasing or arranging for purchase of such necessities as food, clothes, cars, household items, and other personal items; arranging for education; and managing finances and bank accounts, making investments, hiring professionals, etc.

Can this process be done more quickly? In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian. You can fill out the form online, but you will still need to file it with the court.

States generally provide guardians with broad statutory authority to make healthcare decisions for individuals under their care.For such decisions, state guardianship statutes may require court approval, but these restrictions vary broadly across states.

Generally speaking, a guardian is not personally responsible for the ward's (person being taken care of) debts or bills.He or she is not required to pay the ward's bills with their personal assets, and if the ward's bills are sent to collections it will have no impact on the guardian's credit.

A Guardian usually signs legal documents on behalf of the Ward, chooses an appropriate living situation for the Ward, and grants, withholds, and withdraws consent to medical treatment. In most situations, it is necessary to disclose the Guardian/Ward relationship.

A guardian is also prohibited from making gifts from the ward's estate. Generally, a guardian cannot tie up the ward's money by purchasing real estate, but can lend the money to someone else buying real estate if the property is sufficient security for the loan.

Guardianship of the person. The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.

In general, the court may grant the guardian the power to make medical decisions, determine place of abode, social settings, and to manage property and handle financial affairs such as banking, investments, payment of expenses including household and long-term care costs, and taxes for the incapacitated person.

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Maine Acceptance of Appointment by Guardian of Incapacitated Person