Maine Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

When conservatorship is granted. Conservatorship is granted by a court when an adult cannot make their own decisions and is incapacitated, at least to some extent. Situations in which this might occur include: A sudden illness that results in legal incapacity, such as a coma.

In making a decision for an adult subject to guardianship, the guardian shall make the decision the guardian reasonably believes the adult would make if the adult were able unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the adult.

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.

A conservatorship can ensure that a loved one's personal finances and healthcare issues are properly handled. This is done only after that person is no longer able to make good decisions about such matters. It's best to discuss that option with the potential conservatee before a conservatorship becomes necessary.

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.

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.

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 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.

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Maine Conservatorship Questionnaire