18-C M.R.S. § 5-306

1. Evaluation; report. In every adult guardianship matter, the respondent must be examined by a medical practitioner who is acceptable to the court and who is qualified to evaluate the respondent's alleged cognitive and functional abilities. The individual conducting the evaluation shall file a report in a record with the court at least 10 days before any hearing on the petition. Unless otherwise directed by the court, the report must contain: A. A description of the nature, type and extent of the respondent's cognitive and functional abilities and limitations; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior and social skills; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. A prognosis for improvement and recommendation for the appropriate treatment, support or habilitation plan; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. The date of the examination on which the report is based. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] As used in this subsection, "medical practitioner" means a licensed physician, a licensed physician associate, a certified psychiatric clinical nurse specialist, a certified nurse practitioner or a licensed clinical psychologist. [PL 2019, c. 627, Pt. B, §4 (AMD); PL 2025, c. 316, §3 (REV).]

2. Right to decline. The respondent has the right to decline to participate in an evaluation ordered under subsection 1 . If the respondent declines to participate in an evaluation ordered under subsection 1 , the petitioner may request an examination under the Maine Rules of Civil Procedure, Rule 35. [PL 2019, c. 417, Pt. A, §27 (AMD).]