Legal Guardianship Maine

Although local laws vary, most courts in the United States require certain parties to be notified of guardianship hearings. These notices must be lawfully served on the person with an affidavit from the person effecting the service, which is then returned to the court. In some cases, the courts may waive these requirements. Some states require – in accordance with ME guardianship laws – that you submit a guardianship acceptance form with your ME guardianship application Unless otherwise stated in your guardianship order, your appointment generally lasts until the child turns 18. However, his parents have the right to ask the court at any time to “revoke” the guardianship. The child can also ask the court to terminate your guardianship if they are over 14 years of age. c. If ME guardianship is contested, the ME court appoints an ME guardian for the child. In certain contentious cases, the court may appoint a guardian ad litum (GAL) for the child. A LAG can be a lawyer or psychologist or other professional trained to meet the needs of children. The LAG interviews all parties and the child. The Alliance may have access to medical, educational and other documents relevant to guardianship.

The LAG may examine you, including your criminal record, medical history and involvement in DHHS. The Alliance will then make a recommendation to the court as to whether legal guardianship is appropriate and whether your application for guardianship should be granted. LAG`s recommendation is only evidence that the court will consider. When the court receives your documents, the clerk sets a date for a hearing. If you have the consent of the child`s parents, this hearing is usually just a formality. Otherwise, it is more complicated and it can take extra days for the judge to hear the testimony of everyone involved. The judge may appoint a guardian ad litem, usually an impartial lawyer, to review the circumstances of your guardianship application and make a recommendation to the court. Ultimately, the judge will make a decision based on the best interests of the child.

Your chances of getting consent increase if they have lived with you or if you can prove that they have been abused, neglected or abandoned by their parents. If you`re concerned about your child`s health and safety, you`ll need to weigh the pros and cons of guardianship in Maine. Under the Maine Guardianship Act, a child`s adoptive or biological parents are the natural guardians of their child. As biological guardians, these parents are responsible for the care, custody, services, income and control of the adolescent until the adolescent reaches the age of 18. One. The next step depends on the party`s ability to agree on the guardianship of the MA. Guardianship of a child deprives parents of the right to make decisions that affect their child`s life. However, guardianship does not permanently terminate the rights of biological parents. It simply means that even if the guardian retains custody and is therefore responsible for the child`s upbringing, the teen`s biological parents are still considered the child`s legal parents. A conservatory is a legal relationship in which a person (the curator) is appointed by the probate court to manage the money and property of another person (the protected person) if that person is unable to do so due to illness or disability. The goal of a conservator is to ensure that your property and finances are protected and used only in your best interest.

Unlike a custodian, a conservative only has authority over your money and finances, not your personal life. A guardianship is a legal relationship in which a person (the guardian) is appointed by the probate court to manage the personal affairs of another person (the ward) who has been found by the court to be unfit for work. If no conservator has been appointed, a guardian may also manage a person`s financial affairs. A legal guardian takes over the day-to-day decision-making and control of the biological guardian`s child by court order. A legal guardian usually takes care of the child`s care and upbringing and makes all parenting decisions. The guardian may: The person must be examined by a licensed physician or psychologist, who then submits a report to the court. A court cannot order guardianship or curatorship simply because a person has made bad decisions or decisions with which family members do not agree. In addition, full guardianship or conservatory may not be required. The court must determine whether limited tutorship or curatorship or other less restrictive alternative is available to meet the needs of individuals. Legal guardianship does not imply financial responsibility; This is the responsibility of the child`s biological parents.

For practical reasons; However, ME guardians often provide financial support – the provision of financial assistance from the guardian depends on the situation of the biological parents. If you are concerned that an adult is unable to work and needs a guardian, you can report this information to Adult Protective Services to initiate a “guardianship study”. Beverly Bird is a practicing paralegal who has been writing professionally on legal topics for over 30 years. She specializes in family law and estate law and has acted as a custody mediator. In Maine, the Supreme Court ruled that probate courts have the power to grant joint guardianship to existing parents and others, allowing gay and lesbian parents to establish legal relationships between their children and the children`s parents. When a person files an application for tutorship or curatorship with the court, he or she may indicate that there is urgency and request the appointment of a temporary tutor or curator to protect a person from physical danger. If the court determines that there is an emergency, it may appoint a temporary tutor or curator without following the formal procedure described above. However, a temporary tutor or counsellor cannot perform his or her duties for more than six months, and the court order limits the powers of the temporary tutor or curator to what is necessary to deal with the emergency. The court will then hold a full hearing to determine whether the person needs a long-term guardian or curator.

Whether the court requires tutorship generally or temporarily, it may revoke the tutor or curator at any time if the person no longer needs tutorship or curatorship, or if it considers that removal would be in the best interests of the person. The Maine Department of Health and Human Services is the government agency responsible for administering Maine`s trusteeship. Anyone concerned about another person`s well-being and ability to manage their personal affairs and property can file an application with the probate court (in the county where the person in need of a guardian or curator lives) asking the court to appoint a guardian, registrar, or both. The person submitting the petition may request that he or she be appointed tutor or curator, or he or she may appoint another person to serve. The petition must be communicated to all interested parties, including the respondent, a spouse or partner, adult children, and, in some cases, the state or certain government agencies. The applicant must also submit a guardianship plan and a conservatory plan outlining how the person`s needs will be met.