Sec. 1. 18-A MRSA §5-310-A, sub-§(a), as enacted by PL 1993, c. 652, §3, is further amended to read:

(a) When a person alleged to be incapacitated has no guardian and an emergency exists and no other person appears to have authority to act in the circumstances, upon appropriate petition, the court may exercise the power of a guardian or may enter an ex parte order appointing a temporary guardian to address the emergency in order to prevent serious, immediate and irreparable harm to the health or financial interests of the person alleged to be incapacitated. A petition for temporary guardianship must be accompanied by an affidavit that sets forth the factual basis for the emergency and the specific powers requested by the proposed guardian. In the order and in the letters of temporary guardianship, the court shall specify the powers and duties of the temporary guardian, limiting the powers and duties to those necessary to address the emergency.

(1)__Except as otherwise provided in this section, prior to filing a petition under this subsection the petitioner shall provide notice orally or in writing to the following:

(i)__The allegedly incapacitated person and the person's spouse, parents, adult children and any domestic partner known to the court;

(ii)__Any person who is serving as guardian or conservator or who has care and custody of the allegedly incapacitated person; and

(iii)__In case no other person is notified under subparagraph (i), at least one of the closest adult relatives of the allegedly incapacitated person or, if none, an adult friend, if any can be found.

(2)__Notice under paragraph (1) must include the following information:

(i)__The temporary authority that the petitioner is requesting;

(ii)__The location and telephone number of the court in which the petition is being filed; and

(iii)__The name of the petitioner and the intended date of filing.

(3)__The petitioner shall state in the affidavit required