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protection or, if none, an adult friend, if any can be | | found. |
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| | | (2)__Notice under paragraph (1) must include the following | | information: |
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| | | (i)__The temporary authority that the petitioner is | | requesting; |
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| | | (ii)__The location and telephone number of the court in | | which the petition is being filed; and |
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| | | (iii)__The name of the petitioner and the intended date | | of filing. |
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| | | (3)__The petitioner shall state in the affidavit required | | under this subsection the date, time, location and method of | | providing the required notice under paragraph (1) and to | | whom the notice was provided.__The court shall make a | | determination as to the adequacy of the method of providing | | notice and whether the petitioner complied with the notice | | requirements of this subsection.__The requirements of | | section 5-405 do not apply to this section. |
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| | | (4)__Notice is not required under this subsection in the | | following circumstances: |
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| | | (i)__Giving notice will place the person alleged to be | | in need of protection at substantial risk of abuse, | | neglect or exploitation; |
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| | | (ii)__Notice, if provided, would not be effective; or |
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| | | (iii)__Other good cause as determined by the court. |
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| | | (5)__If, prior to filing the petition, the petitioner did | | not provide notice as required under this subsection, the | | petitioner must state in the affidavit the reasons for not | | providing notice.__If notice has not been provided, the | | court shall make a determination as to the sufficiency of | | the reason for not providing notice before issuing a | | temporary order. |
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| | | Sec. 4. 18-A MRSA §5-408-A, sub-§(a-1), as amended by PL 1997, c. 35, | | §2, is further amended to read: |
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| | | (a-1) If the court takes action to exercise the powers of a | | conservator or to appoint a temporary conservator under | | subsection (a), then the court, within 2 days, excluding | | Saturdays, Sundays and legal holidays, of taking the action, |
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