An Act To Establish an Expedited Temporary Guardianship Process

Sec. 1. 18-A MRSA §5-207, sub-§(e)  is enacted to read:

summary

This bill amends the Probate Code to add an expedited process for the court to appoint a temporary guardian for a minor.

The bill allows the Probate Court to appoint a temporary guardian when a petition is brought seeking the expedited appointment if the court finds that following the usual procedure for notice and hearing will likely result in substantial harm to the minor's health, safety or welfare and that no other person appears to have authority and willingness to act in the circumstances. The appointment lasts for no more than 180 days. The temporary guardian has only the powers the court includes in the appointment order.

Reasonable notice about the hearing must be given to the minor, if the minor is at least 14 years of age, and to any other persons as the court directs. A temporary guardian may be appointed without prior notice only when there is testimony that the minor would be substantially harmed before the hearing on the appointment. In such case, notice must be given within 48 hours and a hearing held within 5 days.

The court may appoint the temporary guardian for up to an additional 180 days after notice and hearing.

The bill provides that a temporary guardian appointed through this expedited process remains subject to the other provisions of the Probate Code, Article 5, including the provisions relating to the duties of guardians.

The bill establishes a presumption that the parents of a minor are acting to protect the minor's health, safety and welfare. The presumption can be overcome only by clear and convincing evidence.