This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Maine Standby Guardianship Guide
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FAQ
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.
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.
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.
The procedure discussed above is called a "permanent guardianship." It lasts until the child turns 18 or the court changes the order. In some cases, the child's situation may call for only a temporary change of guardianship. This can last up to six months.
A permanency guardian has all of the powers and duties of a guardian of a minor pursuant to Title 18?C, sections 5?207 and 5?208. A permanency guardianship terminates upon the minor's death, adoption or attainment of majority or as ordered by the court pursuant to this section. [PL 2019, c. 664, Pt.