Title 18-C: PROBATE CODE

Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS

Part 1: GENERAL PROVISIONS

§5-126. Grievance against guardian or conservator

1.  File a grievance with the court.  An individual who is subject to guardianship or conservatorship, or a person interested in the welfare of an individual subject to guardianship or conservatorship, who reasonably believes a guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsistent with this Act may file a grievance with the court. The grievance must be in writing or another record.  

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2.  Procedure upon receiving grievance.  Subject to subsection 3, after receiving a grievance under subsection 1, the court:  

A. Shall review the grievance and, if necessary to determine the appropriate response to the grievance, court records related to the guardianship or conservatorship;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

B. Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that:  

(1) Removal of the guardian and appointment of a successor may be appropriate in accordance with section 5-318;  

(2) Termination or modification of the guardianship may be appropriate under section 5-319;  

(3) Removal of the conservator and appointment of a successor may be appropriate under section 5-430;  

(4) Termination or modification of the conservatorship may be appropriate under section 5-431; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

C. May take any action supported by the grievance and record, including:  

(1) Ordering the guardian or conservator to provide to the court a report, accounting, inventory, updated plan or other information;  

(2) Appointing a guardian ad litem;  

(3) Appointing an attorney for the individual subject to guardianship or conservatorship; or  

(4) Scheduling a hearing.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3.  Similar grievance filed within 6 months.  The court may decline to proceed under subsection 2 if a similar grievance was made within the preceding 6 months and the court followed the procedures of subsection 2 in considering the grievance.  

[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

SECTION HISTORY

PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).