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Are there different types of Guardianship? Yes, in Maine there are two types: full or limited Guardianship. The type of Guardianship that the court will choose is based on the request for Guardianship, your mental state and your specific needs.
Under Maine law, the legal guardian of a minor ?has the duties and responsibilities of a parent regarding the minor's support, care, education, health, and welfare.? The child's parents remain their child's legal parents?their rights are not terminated but are mostly suspended.
A loss of autonomy for the ward: This is the most significant drawback to establishing legal guardianship over an adult. Because the guardian is responsible for making decisions on behalf of the ward, the ward may not have any say or may feel they have lost control of their own lives.
Any person who is concerned about another person's welfare and ability to manage personal affairs and assets may file a petition in the Probate Court (in the county where the person in need of a guardian or conservator lives) asking the court to appoint a guardian, a conservator, or both.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
No. Certain kinds of property can be passed without going through probate. Property owned with a ?Right of Survivorship? automatically transfers to the joint owner at death and that person owns the property fully. Property can also pass through a Trust established during the decedent's lifetime.
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.
The court can assign a FULL or LIMITED guardianship. Under Full Guardianship, a guardian has decision-making control over all areas of an individual's life. Under a Limited Guardianship, a guardian has control over some but not all areas of an individual's life.