18-C M.R.S. § 5-316
This is the official text of 18-C M.R.S. § 5-316, 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 §5-316. Guardian's plan
Official statutory text
1. Plan; revision. The petitioner for appointment of a guardian for an adult shall file with the petition a plan for the care of the adult. When there is a subsequent change in circumstances, or the guardian seeks to deviate significantly from the plan previously filed, the guardian shall file with the court a revised plan for the care of the adult. The plan must be based on the needs of the adult and take into account the best interest of the adult as well as the adult's preferences, values and prior directions, to the extent known to or reasonably ascertainable by the guardian. The plan must identify: A. The living arrangement, services and supports the guardian expects to arrange, facilitate or continue for the adult; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] A-1. The adult's medical conditions, cognitive functioning, everyday functioning and levels of supervision needed; [PL 2019, c. 417, Pt. A, §45 (NEW).] B. Social and educational activities the guardian expects to facilitate on behalf of the adult; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Any person with whom the adult has a relationship and any plan the guardian has for facilitating visits with the person; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. The anticipated nature and frequency of the guardian's visits and communication with the adult; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. Goals for the adult including any goal related to the restoration of the adult's rights and how the guardian anticipates achieving the goals; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. Whether the adult already has a plan in place and, if so, whether the guardian's plan is consistent with the adult's plan; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] G. A statement or list of the amount the guardian proposes to charge for each service the guardian anticipates providing to the adult. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2019, c. 417, Pt. A, §45 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Notice of revised plan. A guardian shall give notice of the filing of a revised plan under subsection 1 , along with a copy of the plan, to the adult subject to guardianship, all persons entitled to notice under section 5‑310, subsection 5 or a subsequent order and other persons as the court determines. The notice must include a statement of the right to object to the revised plan and be given not later than 14 days after the filing. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Objection to revised plan. An adult subject to guardianship and any person entitled under subsection 2 to receive notice and a copy of the guardian's plan may object to the revised plan within 14 days of receipt of notice of the revised plan. [PL 2019, c. 417, Pt. A, §46 (AMD).]
4. Court review of plan or revised plan; approval. The court shall review a guardian's plan or revised plan filed under subsection 1 . In deciding whether to approve the plan or the revised plan the court shall consider an objection under subsection 3 and whether the plan or revised plan is consistent with the guardian's duties and powers under sections 5‑313 and 5‑314 . The court may schedule a hearing on any revised plan submitted and may not approve any revised plan until 30 days after its filing. The guardian may implement the revised plan 30 days after filing unless the court orders otherwise. [PL 2019, c. 417, Pt. A, §46 (AMD).]
section 3 and whether the plan or revised plan is consistent with the guardian's duties and powers under sections 5‑313 and 5‑314 . The court may schedule a hearing on any revised plan submitted and may not approve any revised plan until 30 days after its filing. The guardian may implement the revised plan 30 days after filing unless the court orders otherwise. [PL 2019, c. 417, Pt. A, §46 (AMD).]
5. Copy of approved plan. After a guardian's plan under this section is approved by the court, the guardian shall provide a copy of the plan to the adult subject to guardianship, all persons entitled to notice under section 5‑310, subsection 5 or a subsequent order and other persons as the court determines. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
6. Application to existing guardianship. For guardianships established prior to September 1, 2019, the guardian is not subject to the requirement for filing a revised plan until so ordered by the court. [PL 2019, c. 417, Pt. A, §47 (NEW).]
2. Notice of revised plan. A guardian shall give notice of the filing of a revised plan under subsection 1 , along with a copy of the plan, to the adult subject to guardianship, all persons entitled to notice under section 5‑310, subsection 5 or a subsequent order and other persons as the court determines. The notice must include a statement of the right to object to the revised plan and be given not later than 14 days after the filing. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Objection to revised plan. An adult subject to guardianship and any person entitled under subsection 2 to receive notice and a copy of the guardian's plan may object to the revised plan within 14 days of receipt of notice of the revised plan. [PL 2019, c. 417, Pt. A, §46 (AMD).]
4. Court review of plan or revised plan; approval. The court shall review a guardian's plan or revised plan filed under subsection 1 . In deciding whether to approve the plan or the revised plan the court shall consider an objection under subsection 3 and whether the plan or revised plan is consistent with the guardian's duties and powers under sections 5‑313 and 5‑314 . The court may schedule a hearing on any revised plan submitted and may not approve any revised plan until 30 days after its filing. The guardian may implement the revised plan 30 days after filing unless the court orders otherwise. [PL 2019, c. 417, Pt. A, §46 (AMD).]
section 3 and whether the plan or revised plan is consistent with the guardian's duties and powers under sections 5‑313 and 5‑314 . The court may schedule a hearing on any revised plan submitted and may not approve any revised plan until 30 days after its filing. The guardian may implement the revised plan 30 days after filing unless the court orders otherwise. [PL 2019, c. 417, Pt. A, §46 (AMD).]
5. Copy of approved plan. After a guardian's plan under this section is approved by the court, the guardian shall provide a copy of the plan to the adult subject to guardianship, all persons entitled to notice under section 5‑310, subsection 5 or a subsequent order and other persons as the court determines. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
6. Application to existing guardianship. For guardianships established prior to September 1, 2019, the guardian is not subject to the requirement for filing a revised plan until so ordered by the court. [PL 2019, c. 417, Pt. A, §47 (NEW).]
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