Maine Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

State:
Multi-State
Control #:
US-01174BG
Format:
Word; 
Rich Text
Instant download

Description

A conservatorship is created by the appointment of a conservator, also sometimes called a guardian. A conservator is a person appointed by a court to manage the property, daily affairs, and financial affairs of another person (sometimes called the ward), who is unable by reason of a physical or mental infirmity or age to handle his/her affairs. For example, an adult daughter may be appointed as the conservator for her father who is suffering from advanced Alzheimer's disease. An open hearing is held before the appointment is made.


This form is an example of an objection to the appointment of a particular person as conservator. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

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FAQ

Petition the Court to Appoint You as Personal Representative: In Maine, petitions for the appointment of a Personal Representative and to prove the Will may be filed as early as 120 hours after the death of the decedent.

Priority of personal representative appointed by domiciliary court. A personal representative appointed by a court of the decedent's domicile has priority over all other persons except when the decedent's will nominates different persons to be personal representative in this State and in the state of domicile.

Unlike a Guardian, a Conservator only has authority over your money and finances, not your personal life. Your Conservator is required to use your money to provide for your needs. They may not use your money for their benefit, and must keep your money separate from their own.

If the deceased person left a Will, then the Personal Representative named in the Will is appointed. If there is no Will, then the next of kin has "priority of appointment." This step usually takes a few weeks to a month, depending on the Maine county in which the application is filed.

Priority of personal representative appointed by domiciliary court. A personal representative appointed by a court of the decedent's domicile has priority over all other persons except when the decedent's will nominates different persons to be personal representative in this State and in the state of domicile.

Probate can be a lengthy process in Maine. It generally takes a minimum of six to twelve months, but it can extend beyond that, often lasting a year or more. Complex estates or disputes among beneficiaries can further lengthen the process.

In Maine, a guardian for an adult may be appointed by a Probate Court for an adult who is: Unable to receive and evaluate information or make or communicate informed decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety or self-care.

In Maine, executor fees are not explicitly stated by law. Instead, the state allows for "reasonable" compensation, which is determined on a case-by-case basis. This ambiguity can be both a benefit and a drawback, depending on the complexity of the estate and the amount of work required by the executor.

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Maine Objection to Appointment of Petitioner as Conservator of the Estate of an Adult