18-C M.R.S. § 5-126
This is the official text of 18-C M.R.S. § 5-126, part of Maine’s M.R.S — part of the compiled statutory law of Maine, published by the state as "M.R.S." Browse the sections below, each linked to its official government source.
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18-C §5-126. Grievance against guardian or conservator
Official statutory text
1. File a grievance with the court. An individual who is subject to guardianship or conservatorship, or a person interested in the welfare of an individual subject to guardianship or conservatorship, who reasonably believes a guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsistent with this Act may file a grievance with the court. The grievance must be in writing or another record. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Procedure upon receiving grievance. Subject to subsection 3 , after receiving a grievance under subsection 1 , the court: A. Shall review the grievance and, if necessary to determine the appropriate response to the grievance, court records related to the guardianship or conservatorship; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that: (1) Removal of the guardian and appointment of a successor may be appropriate in accordance with section 5-318 ; (2) Termination or modification of the guardianship may be appropriate under section 5-319 ; (3) Removal of the conservator and appointment of a successor may be appropriate under section 5-430 ; (4) Termination or modification of the conservatorship may be appropriate under section 5-431 ; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. May take any action supported by the grievance and record, including: (1) Ordering the guardian or conservator to provide to the court a report, accounting, inventory, updated plan or other information; (2) Appointing a guardian ad litem; (3) Appointing an attorney for the individual subject to guardianship or conservatorship; or (4) Scheduling a hearing. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Similar grievance filed within 6 months. The court may decline to proceed under subsection 2 if a similar grievance was made within the preceding 6 months and the court followed the procedures of subsection 2 in considering the grievance. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Procedure upon receiving grievance. Subject to subsection 3 , after receiving a grievance under subsection 1 , the court: A. Shall review the grievance and, if necessary to determine the appropriate response to the grievance, court records related to the guardianship or conservatorship; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that: (1) Removal of the guardian and appointment of a successor may be appropriate in accordance with section 5-318 ; (2) Termination or modification of the guardianship may be appropriate under section 5-319 ; (3) Removal of the conservator and appointment of a successor may be appropriate under section 5-430 ; (4) Termination or modification of the conservatorship may be appropriate under section 5-431 ; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. May take any action supported by the grievance and record, including: (1) Ordering the guardian or conservator to provide to the court a report, accounting, inventory, updated plan or other information; (2) Appointing a guardian ad litem; (3) Appointing an attorney for the individual subject to guardianship or conservatorship; or (4) Scheduling a hearing. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Similar grievance filed within 6 months. The court may decline to proceed under subsection 2 if a similar grievance was made within the preceding 6 months and the court followed the procedures of subsection 2 in considering the grievance. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Status: in_force · Read it on the official government site
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