Sec. 1. 18-A MRSA §5-304, sub-§(b), as enacted by PL 1985, c. 440, §§2 and 13, is amended to read:

(b) The court may appoint a guardian or coguardians as requested if it is satisfied that the person for whom a guardian is sought is incapacitated, that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person of the incapacitated person and, if the allegedly incapacitated person has not attended the hearing, that an inquiry has been made as to whether he that person wished to attend the hearing. Alternatively, the court may dismiss the proceeding or enter any other appropriate order.

Sec. 2. 18-A MRSA §5-401, first ¶, as enacted by PL 1979, c. 540, §1, is amended to read:

Upon petition and after notice and hearing in accordance with the provisions of this Part, the court may appoint a conservator, coconservator or make other protective order for cause as follows:.

SUMMARY

The purpose of this bill is to ensure flexibility for the courts and families of incapacitated adults. This bill clarifies that the Probate Court has the authority to appoint coguardians or coconservators under Part 3 and Part 4 of Article 5 of the Probate Code by explicitly stating that this authority exists.