How do I get guardianship in Maine?

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.

What does guardianship mean in Maine?

A Guardianship is a legal relationship where one person (the Guardian) is appointed by the probate court to manage the personal affairs of another person (the ward) who the court has deemed incapacitated. If a Conservator has not been appointed, a Guardian might also manage a person’s financial affairs.

Is conservatorship different than guardianship?

In California, guardianship refers only to the court appointment of an individual with the legal authority to represent and manage the affairs of a minor child. Conservatorships are for protecting incapacitated adults and typically involve matters related to health care and estate.

Is running away illegal in Maine?

Can an adult I am staying with be arrested? In Maine, there is no crime of “harboring a minor.” If an adult is letting you stay with them so you are not on the streets AND you can leave their home at any time (they are not keeping you there), then no law is broken. The adult should not be arrested.

Who are the legal guardians of a child in Maine?

As a natural guardian, these parents are responsible for the youth’s care, custody, services, earnings and control until the child reaches the age of 18. As stated above, Maine guardianships are legal guardians who assume the day-to-day decision making and control of a child from their natural guardians under formal court order.

How old does a minor have to be to become a guardian?

The guardianship of a minor—according to guardianship law—remains under court supervision until the child reaches the age of majority (18). Guardianship law states that guardians are not allowed to benefit at the expense of those they care for; in many cases guardians are required to offer periodic accountings to the presiding court.

How does a court change the guardianship of a child?

Some courts require an annual update. In order to change guardianship back to a parent, the parent would need to petition the Probate Court to terminate the guardianship. Once you become the legal guardian of a child, you remain the child’s guardian until he turns 18 or until the court changes the order.

Can you become a guardian if a child is left something in a will?

Yes, if a child is left something in a person’s will, you may need to become the child’s guardian. Courts are reluctant to hand over financial assets intended for a child to the child’s parents. The concern is that parents will misuse a gift that was intended for the child.

Who are the natural guardians of a child in Maine?

Are you worried about the health and safety of a child you love? Under Maine law, the biological or adoptive parents of a child are the natural guardians of that child. The natural guardians are responsible for the child’s care, custody, control, services and earnings until the child turns 18.

When does a child need a guardian of the estate?

A guardianship of the estate is set up to manage a child’s income, money, or other property until the child turns 18. A child may need a guardian of the estate if he or she inherits money or assets.