An Act Regarding the Reporting Requirements of Guardians and Conservators
Sec. 1. 18-A MRSA §5-209, sub-§(e) is enacted to read:
Sec. 2. 18-A MRSA §5-210, as enacted by PL 1979, c. 540, §1, is amended to read:
§ 5-210. Termination of appointment of guardian; general
A guardian's authority and responsibility terminates terminate upon the death, resignation or removal of the guardian or upon the minor's death, adoption, marriage or attainment of majority, but termination does not affect his the guardian's liability for prior acts , nor his the guardian's obligation to account for funds and assets of his the guardian's ward. Resignation of a guardian does not terminate the guardianship until it a final accounting of the ward’s estate listing all real estate and tangible and intangible property has been filed with and accepted by the court and the resignation has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
Sec. 3. 18-A MRSA §5-306, as enacted by PL 1979, c. 540, §1, is amended to read:
§ 5-306. Termination of guardianship for incapacitated person
The authority and responsibility of a guardian for an incapacitated person terminates terminate upon the death of the guardian or ward, upon the determination of incapacity of the guardian , or upon removal or resignation , after the filing of the final accounting of the protected person’s estate listing all real estate and tangible and intangible property has been filed and accepted by the court, as provided in section 5-307. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect his the guardian's liability for prior acts nor his the guardian's obligation to account for funds and assets of his the guardian's ward.
Sec. 4. 18-A MRSA §5-312, sub-§(c) is enacted to read:
Sec. 5. 18-A MRSA §5-419, sub-§(a), as amended by PL 2001, c. 280, §2, is further amended to read:
summary
This bill requires the filing of annual reports and a final report, and acceptance of the final report by the court, for a guardian who has responsibility over the estate of a protected person or ward and for a conservator for a protected person.