Legislative Document No. 531 H.P. 388 House of Representatives, January 31, 2019
An Act To Provide Counsel for a Person Who Is the Subject of an Adult Guardianship, Conservatorship or Other Protective Arrangement Proceeding
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative CARDONE of Bangor. Cosponsored by Senator CARPENTER of Aroostook and Representatives: BRADSTREET of Vassalboro, MOONEN of Portland, Senator: KEIM of Oxford.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 18-C MRSA §5-305, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 3 and affected by Pt. F, §1, is amended to read:
4 1. Appointment of attorney required. The If a respondent is not represented by an 5 attorney, the court shall appoint an attorney to represent the respondent in a proceeding 6 on a petition under section 5-302 if:. 7 A. Requested by the respondent; 8 B. Recommended by the visitor; 9 C. The court determines that the respondent needs representation; or 10 D. It comes to the court's attention that the respondent wishes to contest any aspect 11 of the proceeding or to seek any limitation on the proposed guardian's powers. 12 Sec. 2. 18-C MRSA §5-318, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 13 and affected by Pt. F, §1, is amended to read:
14 4. Attorney for the adult. An adult subject to guardianship who seeks to remove 15 the guardian and have a successor appointed has a right to choose an attorney to represent 16 the adult. If the adult subject to guardianship is not represented by an attorney, the court 17 shall appoint an attorney under the same conditions as in section 5-305. The court shall 18 award reasonable attorney's fees to the attorney for the adult as provided in section 5-119.
19 Sec. 3. 18-C MRSA §5-319, sub-§7, as enacted by PL 2017, c. 402, Pt. A, §2 20 and affected by Pt. F, §1, is amended to read:
21 7. Attorney for the adult. An adult subject to guardianship who seeks to terminate 22 or modify the terms of the guardianship has a right to choose an attorney to represent the 23 adult in this matter. If the adult is not represented by an attorney, the court shall appoint 24 an attorney under the same conditions as in section 5-305. The court shall award 25 reasonable attorney's fees to the attorney for the adult as provided in section 5-119.
26 Sec. 4. 18-C MRSA §5-406, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 27 and affected by Pt. F, §1, is amended to read:
28 1. Attorney for respondent. The If a respondent is not represented by an attorney, 29 the court shall appoint an attorney to represent a the respondent in a proceeding on a 30 petition under section 5-402 if:. 31 A. Requested by the respondent; 32 B. Recommended by the visitor; 33 C. The court determines that the respondent needs representation; or 34 D. It comes to the court's attention that the respondent wishes to contest any aspect 35 of the proceeding or to seek any limitation on the proposed conservator's powers.
Page 1 - 129LR0286(01)-1 1 Sec. 5. 18-C MRSA §5-430, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 2 and affected by Pt. F, §1, is amended to read:
3 4. Attorney for individual subject to conservatorship. If an individual subject to 4 conservatorship who seeks to remove the conservator and have a successor appointed is 5 not represented by an attorney, the court shall appoint an attorney under the same 6 conditions as in section 5-406. The court shall award reasonable attorney's fees to the 7 attorney for the individual as provided in section 5-119.
8 Sec. 6. 18-C MRSA §5-431, sub-§9, as enacted by PL 2017, c. 402, Pt. A, §2 9 and affected by Pt. F, §1, is amended to read:
10 9. Attorney for individual subject to conservatorship. If an individual subject to 11 conservatorship who seeks to terminate or modify the terms of the conservatorship is not 12 represented by an attorney, the court shall appoint an attorney under the same conditions 13 in section 5-406. The court shall award reasonable attorney's fees to the individual's 14 attorney as provided in section 5-119.
15 Sec. 7. 18-C MRSA §5-507, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 16 and affected by Pt. F, §1, is amended to read:
17 1. Appointment of attorney. The If a respondent is not represented by an attorney, 18 the court shall appoint an attorney to represent the respondent in a proceeding under this 19 Part if:. 20 A. Requested by the respondent; 21 B. Recommended by the visitor; 22 C. The court determines that the respondent needs representation; or 23 D. It comes to the court's attention that the respondent wishes to contest any aspect 24 of the proceeding or to seek any limitations on the protective arrangement.
25 SUMMARY 26 This bill requires a probate court to appoint an attorney for a person who is not 27 already represented by an attorney when the person is the subject of a petition for adult 28 guardianship, conservatorship or other protective arrangement.
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