Maine Guardianship Laws: Minors, Adults and Conservators (2026)

In Maine, guardianship and conservatorship are court appointments under Article 5 of the Maine Probate Code, Title 18-C, whose Parts 1 to 5 "may be known and cited as 'the Maine Uniform Guardianship, Conservatorship and Protective Proceedings Act'" (18-C M.R.S. § 5-101). A guardian is "a person appointed by a court to make decisions with respect to the personal affairs of an individual" (§ 5-102), while a conservator manages property or financial affairs (§ 5-401). For an adult, the court must find by clear and convincing evidence that the person cannot meet essential requirements for physical health, safety or self-care even with supports, and that a protective arrangement or other less restrictive alternative cannot meet the person's needs (§ 5-301(1)(A)).

Maine's statute does not use the word "incapacitated" as its gateway test; the test in § 5-301 is functional. The person a petition is about is the "respondent," and once a guardian is appointed, the adult or minor is an "individual subject to guardianship" (§ 5-102). For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maine state law on guardianship of minors and adults, conservatorship, protective arrangements, the parental power of attorney and the interstate rules in Title 18-C, Article 5. It does not cover custody disputes between parents (see Maine child custody laws), grandparent visitation (see Maine grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Maine probate), child-protection and foster-care cases, which are a separate track, or civil commitment and mental-health holds.

Maine guardianship terms and where the law lives

Article 5 of Title 18-C is organized in parts. Part 1 holds definitions and general rules, Part 2 covers guardianship of minors, Part 3 adult guardianship, Part 4 conservatorship, Part 5 protective arrangements, Part 6 the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 5-601 to 5-643), Part 7 the public guardian, and Part 8 the Uniform Health-Care Decisions Act.

How to get guardianship of a child in Maine

Who may petition. "A minor or a person interested in the welfare of a minor may petition for appointment of a guardian" (18-C M.R.S. § 5-204(1)).

The standard, including when a parent objects. The court may appoint a guardian for a minor if it finds the appointment is in the minor's best interest, finds the proposed guardian is suitable, and finds one of the following (§ 5-204(2)):

• that the parents consent;
• that all parental rights have been terminated; or
• by clear and convincing evidence, that the parents are unwilling or unable to exercise their parental rights, "including but not limited to" situations the statute lists, such as when "the parent is currently unwilling or unable to meet the minor's needs and that will have a substantial adverse effect on the minor's well-being if the minor lives with the parent."

So a guardianship over a parent's objection requires clear and convincing evidence on that third ground.

Who gets notice. The petitioner must give notice of the hearing, with a copy of the petition, to the minor if the minor is 14 or older and is not the petitioner; to any person alleged to have had primary care and custody of the minor during the 60 days before the petition was filed; and to each living parent, among the other persons § 5-205(1) lists.

Lawyers. "A nonconsenting parent whose parental rights have not been terminated is entitled to court-appointed legal counsel if indigent" (§ 5-205(4)). In a contested case the court may also appoint counsel for an indigent guardian or petitioner when a parent or legal custodian has counsel, and may appoint an attorney for the child if the child's interests are or may be inadequately represented (§ 5-205(4), (5)).

Interim orders. Before the final hearing, the court may enter an interim order appointing a guardian "for a period of time up to 6 months or pending the court's order after the scheduled final hearing," if the order is necessary to provide for the minor's housing, health, education, medical or other essential needs before the hearing (§ 5-205(8)).

Child support. In an appointment, "the court shall consider whether to order a parent to pay child support to the guardian in accordance with Title 19-A, Part 3" (§ 5-204(5)).

What the order says and what the guardian may decide

An order appointing a guardian of a minor must include the reasons for the appointment, the guardian's powers and duties, the rights and responsibilities the parent keeps, the anticipated duration of the appointment, and the process and standards for modification and termination (§ 5-206(1)). It must also say whether the parent keeps rights such as a schedule of parent-child contact, and give reasons for any right not kept (§ 5-206(3)).

"Except as otherwise limited by the court, a guardian of a minor has the powers of a parent regarding the minor's support, care, education, health and welfare" (§ 5-208(1)). The guardian may take custody of the minor and set the minor's custodial dwelling, but may establish or move it outside Maine "only upon express authorization of the court" (§ 5-208(2)). The guardian may consent to the adoption of the minor only if the court specifically authorizes it (§ 5-208(3)).

Emergency guardian for a child

Section 5-204(4) allows an emergency appointment with tight limits. On motion by a person who has also filed a guardianship petition, the court must find by a preponderance of the evidence that an emergency appointment is needed to prevent substantial harm to the minor's physical health or safety, that no other person appears to have authority and willingness to act, that following the regular or interim procedure in § 5-205 would likely result in substantial harm before a guardian can be appointed, that there is a substantial likelihood a basis for appointment exists, and that the notice requirements have been met; the petitioner bears the burden of proof (§ 5-204(4)(A), (B)). "The duration of the authority of a guardian appointed pursuant to this subsection may not exceed 90 days, and the guardian may exercise only the powers specified in the order." The petitioner must give reasonable notice of the motion and the hearing to the minor if 14 or older, to each living parent, and to any non-parent having care or custody of the minor, and the court must hold a hearing "within 14 days but not less than 7 days after the filing of the petition" (§ 5-204(4)(D)). The court may skip advance notice and appoint ex parte only if it finds the minor will be substantially harmed before notice can be completed and a hearing held; the hearing is then set within 14 days but not less than 7 days after the order, a parent may ask for it sooner, and the petitioner must give notice of the appointment and hearing to the same persons within 48 hours after the appointment (§ 5-204(4)(E)).

Changing or ending a minor guardianship

A guardianship of a minor "terminates upon the minor's death, adoption, emancipation, marriage or attainment of majority or as ordered by the court pursuant to this section" (§ 5-210(2)). On a motion to modify, unless it is filed with the consent of all parties entitled to notice, the court sets a hearing "to determine whether there has been a substantial change in circumstances necessitating modification of the order and how the court should modify the order in furtherance of the best interest of the minor and the parent's rights" (§ 5-210(1)).

A parent's petition to end it. A parent may petition to terminate the guardianship, and "a parent's notification to the court of the revocation of prior consent for a guardianship must be considered a petition to terminate the guardianship." A party opposing the parent's petition must first prove by clear and convincing evidence that the parent is currently unfit to regain custody under the standard in § 5-204(2)(C); if that burden is not met, "the court shall terminate the guardianship" (§ 5-210(7)). Otherwise, the court may not terminate a guardianship without the guardian's consent unless the petitioner shows by a preponderance of the evidence that termination is in the minor's best interest, and if it does not terminate, it may dismiss later termination petitions absent a substantial change of circumstances (§ 5-210(6)).

For disputes between parents, see Maine child custody laws; for a grandparent's right to visit, see Maine grandparents' rights.

Can a parent name a guardian in a will in Maine?

Yes. "A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future" (18-C M.R.S. § 5-202(1)).

When it takes effect. The appointment "becomes effective upon the appointing parent's death, an adjudication that the parent is an incapacitated person or a written determination by a physician who has examined the parent that the parent is no longer able to care for the child, whichever first occurs" (§ 5-202). The guardian becomes eligible to act on filing an acceptance of appointment, "which must be filed within 30 days after the guardian's appointment becomes effective" (§ 5-202).

Confirming it in advance. Part 2 of Article 5 has no section titled standby guardianship. Its closest tool is advance confirmation: "Upon petition of an appointing parent and a finding that the appointing parent will likely become unable to care for the child within 2 years, and after notice as provided in section 5-205, subsection 1, the court, before the appointment becomes effective, may confirm the parent's selection of a guardian and terminate the rights of others to object" (§ 5-202(2)).

Objections. Until the court confirms the appointee, a minor who is 14 or older, the other parent, or a person other than a parent or guardian having care or custody of the minor "may prevent or terminate the appointment at any time by filing a written objection" in the court where the appointing instrument is filed and giving notice to the guardian and others entitled to notice (§ 5-203).

Confirmation, objections and priority. Unless the court granted advance confirmation, the guardian must petition for confirmation within 30 days after filing the notice and the appointing instrument (§ 5-202(6)). The guardian's authority ends when the guardian receives written notice that an objection was filed (§ 5-202(9)), but "the objection does not preclude judicial appointment of the person selected by the parent if all other requirements for appointment, including appointment over the objection of a parent, are met" (§ 5-203). In a court proceeding, a parent's appointee whose appointment was not prevented or terminated has priority, unless the appointee failed to accept within 30 days after notice of the proceeding (§ 5-204(3)), and the court shall appoint a person nominated by a minor 14 or older, in accordance with § 5-204 (§ 5-205(3)).

Parents keep their rights. "The appointment of a guardian by a parent does not supersede the parental rights of any parent" (§ 5-202).

Letting a relative care for a child without going to court

One no-court option is a power of attorney delegating parental powers:

A parent or a guardian of a minor or individual subject to guardianship, by a power of attorney, may delegate to another person, for a period not exceeding 12 months, any power regarding care, custody or property of the minor or individual subject to guardianship, except the power to consent to marriage, adoption or termination of parental rights to the minor.

18-C M.R.S. § 5-127(1)

The same subsection adds two limits. "A delegation of powers by a court-appointed guardian becomes effective only when the power of attorney is filed with the court," and a delegation "does not deprive the parent or guardian of any parental or legal authority regarding the care and custody of the minor or individual subject to guardianship" (§ 5-127(1)).

Signing one is not abandonment, but it cannot be used to walk away from a child. "The execution of a power of attorney under subsection 1, without other evidence, does not constitute abandonment, abuse or neglect. A parent or guardian of a minor may not execute a power of attorney with the intention of permanently avoiding or divesting the parent or guardian of parental and legal responsibility for the care of the minor" (§ 5-127(3)(A)).

How to become guardian of an adult in Maine

The standard

The court may appoint a guardian for an adult respondent only if it finds by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or self-care because (18-C M.R.S. § 5-301(1)(A)):

1. "The respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance or supported decision making that provides adequate protection for the respondent;"
2. "The respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternatives that provide adequate protection for the respondent; and"
3. "The appointment is necessary or desirable as a means of enabling the respondent to meet essential requirements for physical health, safety or self-care."

All three conditions are joined by "and." In deciding whether supported decision making or other less restrictive alternatives are appropriate, the court may consider proposed vetting of the persons chosen to provide support, reports on how well an existing supported decision-making arrangement is working, and any other information it needs (§ 5-301).

Who may petition, and the care plan

"A person interested in an adult's welfare, including the adult for whom the order is sought, may petition for the appointment of a guardian for the adult" (§ 5-302(1)). "The petitioner for appointment of a guardian for an adult shall file with the petition a plan for the care of the adult" (§ 5-316(1)).

Notice to the respondent

"A copy of a petition under section 5-302 and notice of a hearing on the petition must be served personally on the respondent" (§ 5-303(2)). The notice must tell the respondent about the rights at the hearing, including the right to an attorney and to attend, and describe "the nature, purpose and consequences of granting the petition." "Failure to serve the respondent with notice substantially complying with this subsection precludes the court from granting the petition" (§ 5-303(2)).

The visitor

"On receipt of a petition for appointment of a guardian for a respondent who is an adult under section 5-302, the court shall appoint a visitor" (§ 5-304(1)). The visitor must file a report "at least 10 days before any hearing on the petition," including whether the respondent wishes to contest any aspect of the proceedings or seek any limitation on the proposed guardian's powers, and a recommendation on whether an attorney should be appointed (§ 5-304(4)).

The professional evaluation

"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," and the evaluator files a report "at least 10 days before any hearing on the petition" (§ 5-306(1)). A "medical practitioner" for this purpose is a licensed physician, a licensed physician associate, a certified psychiatric clinical nurse specialist, a certified nurse practitioner or a licensed clinical psychologist (§ 5-306(1)). "The respondent has the right to decline to participate in an evaluation," and the petitioner may then request an examination under Maine Rule of Civil Procedure 35 (§ 5-306(2)).

The respondent's right to a lawyer

The court shall appoint an attorney to represent the respondent if any one of these applies (§ 5-305(1)):

• the respondent requests it;
• the visitor recommends it;
• the court determines that the respondent needs representation; or
• it comes to the court's attention that the respondent wishes to contest any aspect of the proceeding or to seek any limitation on the proposed guardian's powers.

The appointed attorney must "advocate for the respondent's wishes to the extent reasonably ascertainable" (§ 5-305(2)).

Unless the court has found the respondent indigent and appointed an attorney on that basis, the respondent's attorney is entitled to reasonable compensation and expenses "from the property of the respondent" (§ 5-119(1)), and the visitor must tell the respondent that "all costs and expenses of the proceeding, including the respondent's attorney's fees, may be paid from the respondent's assets" (§ 5-304(2)(D)).

The hearing

"Except as otherwise provided in subsection 2, a hearing under section 5-303 may proceed only if the respondent attends the hearing" (§ 5-307(1)). It may proceed without the respondent only if the court finds by clear and convincing evidence that the respondent consistently and repeatedly has refused to attend after being fully informed of the right to attend and the consequences of not attending, or that there is no practicable way for the respondent to attend and participate even with appropriate supportive services and technological assistance (§ 5-307(2)). The respondent may present evidence and subpoena witnesses and documents, examine witnesses including any court-appointed evaluator and the visitor, and otherwise participate (§ 5-307(5)).

Limited guardianship comes first

"The court shall grant to a guardian appointed under subsection 1 only those powers necessitated by the limitations and demonstrated needs of the respondent and enter orders that will encourage the development of the respondent's maximum self-determination and independence. The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship or other less restrictive alternatives would meet the needs of and provide adequate protection for the respondent" (§ 5-301(2)).

A full guardianship order must "clearly" state its basis "and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the adult subject to guardianship" (§ 5-310(3)).

Who serves

Section 5-309 sets a priority list. First comes "a guardian, other than a temporary or emergency guardian, currently acting for the respondent in another jurisdiction" (§ 5-309(1)(A)). The list then includes, in descending order with other categories around them, "a person nominated as guardian by the respondent, including the respondent's most recent nomination made in a power of attorney"; "an agent appointed by the respondent under a power of attorney for health care or an advance health care directive"; "a spouse or domestic partner of the respondent"; "an adult child of the respondent"; and "a parent of the respondent" (§ 5-309). "An owner, operator or employee of a long-term care institution at which the respondent is receiving care may not be appointed as guardian unless the owner, operator or employee is related to the respondent by blood, marriage or adoption" (§ 5-309(5)). A person that provides paid services to the respondent, its employee, or the spouse, domestic partner, parent or child of a person who provides or is employed to provide those services may not be appointed unless related to the respondent or found by clear and convincing evidence to be the best qualified person available, with the appointment in the respondent's best interest (§ 5-309(4)). "The court, acting in the best interest of the respondent, may decline to appoint as guardian a person having priority" and appoint someone with lower or no priority (§ 5-309(3)).

After appointment, the guardian must give the adult and everyone who received notice of the petition a copy of the order "together with a notice of the right to request termination or modification," not later than 14 days after the appointment (§ 5-311).

What a Maine guardian can decide, and what the adult keeps

"A guardian for an adult is a fiduciary" (18-C M.R.S. § 5-313(1)). Some decisions need a specific court order. The court may by specific order authorize a guardian for an adult to consent to the adoption of the adult (§ 5-314(2)), to consent or withhold consent to the adult's marriage if the right to marry has been removed or made subject to conditions under § 5-310, and to petition for divorce, dissolution or annulment (§ 5-314(3)). Not later than 30 days after a change in the adult's dwelling, the guardian must notify the court, the adult and anyone the order names (§ 5-314(5)(C)).

Moves and the home. A guardian may establish or move the adult's permanent dwelling to a nursing home, mental health facility or other facility that restricts the ability to leave or have visitors only if the move is generally set out in the guardian's plan, the court authorizes it, or, absent a compelling reason, notice is given at least 14 days in advance to the adult and the persons entitled to notice (§ 5-314(5)(D)). A move outside Maine must be consistent with the guardian's plan and authorized by specific court order (§ 5-314(5)(E)). Selling or surrendering the lease on the adult's primary dwelling requires the plan, a specific order, or 14 days' notice with no objection filed within 14 days (§ 5-314(5)(F)). For guardianships established before September 1, 2019, the guardian is not subject to the notice duties and restrictions in § 5-314(5)(C), (D) and (F) until the court so orders (§ 5-314(7)).

Powers of attorney and commitment. "Unless authorized by the court by specific order, a guardian for an adult does not have the power to revoke or amend a power of attorney for health care or an advance health care directive or power of attorney for finances executed by the adult," and unless a court orders otherwise, an agent's authorized decisions take precedence over the guardian's (§ 5-315(1)). A guardian "may not initiate the commitment of the adult to a mental health facility except in accordance with the State's procedure for involuntary civil commitment" (§ 5-315(2)).

Visitors and communication. A guardian for an adult "may not restrict the ability of the adult to communicate, visit or interact with others, including receiving visitors or making or receiving telephone calls, personal mail or electronic communications, including through social media, or participating in social activities," unless the court authorizes it by specific order, a protective order or protective arrangement limiting contact with a person is in effect, or the guardian has good cause to believe restriction is necessary because interaction with the person poses a risk of significant physical, psychological or financial harm to the adult (§ 5-315).

Rights retained. Under § 5-310(2), an adult subject to guardianship keeps:

• the right to vote, unless the court orders otherwise; an order removing it "must include a finding that the adult cannot communicate, with or without support, a specific desire to participate in the voting process";
• the right to marry, unless the court orders otherwise, with findings supporting any removal or conditions; and
• "the right to retain an attorney for any reason and to communicate freely with counsel, the court, an ombudsman or any advocate."

Reports. "A guardian for an adult at least annually shall submit to the court a report in a record regarding the condition of the adult and accounting for money and other property in the guardian's possession or subject to the guardian's control" (§ 5-317(1)). Notice of the report and a copy go to the adult and others "not later than 14 days after the filing of the report" (§ 5-317(3)). The court must establish a system for monitoring these reports and review each at least annually (§ 5-317(4)).

Replacing a guardian who is not doing the job. The court may appoint a temporary substitute guardian "for a period not longer than 6 months" if a proceeding to remove the existing guardian is pending, or if it finds the existing guardian is not effectively performing and the individual's welfare requires immediate action (§ 5-124(1)).

Emergency guardianship for an adult

On petition by a person interested in the adult's welfare, or on its own after a guardianship petition is filed, the court may appoint an emergency guardian if it finds that the appointment "is likely to prevent substantial harm to the adult's physical health, safety or welfare," that no other person appears to have authority and willingness to act, and that there is reason to believe a basis for guardianship under § 5-301 may exist (18-C M.R.S. § 5-312(1)). For that finding, "the delay of discharge of a patient in a hospital until the appointment of a guardian constitutes substantial harm" (§ 5-312(1)(A)).

"The duration of authority of an emergency guardian for an adult may not exceed 60 days and the emergency guardian may exercise only the powers specified in the order. The emergency guardian's authority may be extended once for not more than 120 days if the court finds that the conditions for appointment of an emergency guardian in subsection 1 continue" (§ 5-312(2)).

Before filing, the petitioner must give notice, orally or in writing, to the respondent and the respondent's spouse, parents, adult children and any known domestic partner, and to any guardian, conservator or person with care and custody, and must describe that notice in an affidavit; the regular notice rules of § 5-303 do not apply (§ 5-312(3)). Notice is not required if it would place the respondent at substantial risk of abuse, neglect or exploitation, would not be effective, or the court finds good cause (§ 5-312(3)(D)). The court may appoint without notice and a hearing only if it finds the respondent will be substantially harmed before a hearing can be held; it must then notify the respondent and the respondent's attorney within 48 hours and, "if the respondent objects to the appointment, the court shall hold a hearing within 14 days of the appointment" (§ 5-312(4)). A professional evaluation is not required before an emergency appointment if the court finds the emergency basis is met and the petitioner has good cause for not submitting one (§ 5-312(4-A)).

How an adult guardianship ends or is changed

The adult, the guardian or a person interested in the adult's welfare may seek termination or modification, and the process can start with something informal: a "communication from the adult, the guardian or a person interested in the welfare of the adult that supports a reasonable belief that termination or modification of the guardianship may be appropriate" (18-C M.R.S. § 5-319(2)).

The burden then shifts. "On presentation of prima facie evidence for termination of a guardianship for an adult, the court shall order termination unless it is proven that the basis for appointment of a guardian under section 5-301 is satisfied" (§ 5-319(4)). An adult who seeks to end or modify the guardianship "has a right to choose an attorney to represent the adult in this matter," and "if the adult is not represented by an attorney, the court shall appoint an attorney under the same conditions as in section 5-305" (§ 5-319(7)). The court may decline to hold a hearing on a petition "based on the same or substantially similar facts" as one filed within the preceding 6 months (§ 5-319(2)(A)).

Conservatorship: managing money and property

The court may appoint a conservator for an adult's property or financial affairs, after notice and hearing, if it determines by clear and convincing evidence that (18-C M.R.S. § 5-401(2)):

• the adult is unable to manage property or financial affairs because of a limitation in the ability to receive and evaluate information or make or communicate decisions, "even with the use of appropriate supportive services, technological assistance and supported decision making that provide adequate protection for the respondent," or because the adult is missing, detained or unable to return to the United States;
• appointment is necessary to avoid harm to the adult or significant dissipation of the adult's property, or to obtain or provide money needed for the adult's support, care, education, health or welfare; and
• "the respondent's identified needs cannot be met by less restrictive alternatives."

Conservator for a minor. A court may also appoint a conservator for a minor's property or financial affairs if it finds by a preponderance of the evidence that the minor owns money or property requiring management or protection that otherwise cannot be provided, or on the best-interest grounds in § 5-401(1)(B) (§ 5-401(1)).

Bond. "The court shall require a conservator of an estate of $50,000 or more to furnish a bond with a surety the court specifies, or require an alternative asset-protection arrangement." The court may waive that only if it finds a bond or other arrangement "is not necessary to protect the interests of the individual subject to conservatorship," subject to the further rules in § 5-416 (§ 5-416(1)).

Inventory. "Not later than 90 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate" (§ 5-420(1)).

Reports. A conservator files a report on the administration of the estate "annually unless the court otherwise directs" (§ 5-423(1)).

Protective arrangements instead. The court may enter one or more protective arrangements instead of guardianship if it finds by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the respondent cannot receive and evaluate information or make or communicate decisions, after considering supportive services, technological assistance and supported decision making, and that the respondent's identified needs cannot be met by less restrictive alternatives (§ 5-502(1)). Section 5-503 covers protective arrangements for property.

Public guardian. "The Department of Health and Human Services shall act as the public guardian or conservator for persons in need of protective services" (§ 5-701(2)).

Alternatives to guardianship in Maine

Supported decision making. Article 5 defines supported decision making as "assistance from one or more persons of an individual's choosing" in understanding the nature and consequences of potential personal and financial decisions so the individual can make them, and, when consistent with the individual's wishes, in communicating a decision once made (18-C M.R.S. § 5-102). Courts must ask whether it protects the person before appointing a guardian (§ 5-301(1)(A)(1)) or a conservator (§ 5-401(2)). Article 5 contains no separate section creating a supported decision-making agreement with signing formalities; supported decision making works inside the guardianship and conservatorship standards.

Powers of attorney and advance directives. A person who still has capacity can plan with a power of attorney, and a guardianship nomination in a power of attorney carries priority under § 5-309. Maine's signing rules are on our Maine power of attorney laws page. Free drafting tools are available for a Maine power of attorney and a Maine advance directive; a document made with either is valid only if it is signed according to Maine's rules described on the linked power of attorney page.

Health-care surrogates. When the primary physician determines that an adult lacks capacity and no agent or guardian exists, a family member may act as a health-care surrogate, except that "a surrogate may not deny surgery, procedures or other interventions that are lifesaving and medically necessary," and a surrogate may withhold or withdraw life-sustaining treatment only for a patient in a terminal condition or a persistent vegetative state as determined by the primary physician (§ 5-806(1)). "Any member of the following classes of the patient's family who is reasonably available, in descending order of priority, may act as surrogate," starting with the spouse unless legally separated, then an adult in a spouse-like relationship, an adult child, a parent and an adult brother or sister, followed by further classes (§ 5-806).

Federal benefits. The Social Security Administration decides for itself whether representative payment is in a beneficiary's interest and appoints its own payee; it "may appoint the legal guardian or some other person" for a legally incompetent beneficiary (20 C.F.R. § 404.2001(b)(2)). The guardianship hub covers the federal layer.

Moving to or from Maine

Maine enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act as Part 6 of Article 5 (§§ 5-601 to 5-643). "A guardian or conservator appointed in this State may petition the court to transfer the guardianship or conservatorship to another state," and notice of that petition goes to the persons who would be entitled to notice of a Maine petition to appoint a guardian or conservator (18-C M.R.S. § 5-631). A guardian of a minor needs express court authorization to move the child's custodial dwelling outside Maine (§ 5-208(2)).

Recent changes

Maine's Article 5 dates from Public Law 2017, chapter 402, as amended by Public Law 2019, chapter 417 (§ 5-101). In its 2025 session the Legislature amended § 5-205 (P.L. 2025, ch. 18), § 5-319 on ending an adult guardianship (ch. 168) and § 5-306 on the professional evaluation (ch. 316). In its 2026 session it enacted P.L. 2025, ch. 511, effective July 29, 2026, which revised the provisions on appointed counsel and attorney compensation in §§ 5-119, 5-205, 5-210, 5-406 and 5-507, and P.L. 2025, ch. 724, effective October 1, 2026, which revised § 5-127(4) on background checks by organizations that help parents sign a power of attorney for the temporary care of a child. The quotations on this page come from the current text of each section.

Maine guardianship at a glance

Related Maine pages

• Guardianship laws by state
• Maine power of attorney laws
• Maine child custody laws
• Maine grandparents' rights
• New Hampshire guardianship laws

This article provides general legal information about Maine guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Maine or the probate court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Maine?

A person interested in the child's welfare may petition (18-C M.R.S. § 5-204(1)). The court may appoint a guardian if it is in the child's best interest, the guardian is suitable, and the parents consent, parental rights have been terminated, or clear and convincing evidence shows the parents are unwilling or unable to exercise their parental rights (§ 5-204(2)). If a parent later petitions to end the guardianship, the opposing party must prove by clear and convincing evidence that the parent is currently unfit, or the court shall terminate it (§ 5-210(7)).

Can a parent give a relative power of attorney over a child in Maine?

Yes. A parent may delegate powers over the child's care, custody or property by power of attorney for no more than 12 months, except the power to consent to marriage, adoption or termination of parental rights, and the parent keeps parental authority (18-C M.R.S. § 5-127(1)). A delegation by a court-appointed guardian takes effect only when filed with the court.

Can a parent name a guardian in a will in Maine?

Yes, by will or other signed writing (18-C M.R.S. § 5-202(1)). The appointment takes effect on the parent's death, an adjudication that the parent is incapacitated, or a physician's written determination that the parent can no longer care for the child, whichever comes first, and the guardian must file an acceptance within 30 days after that. Without advance confirmation by the court, the guardian must then petition for confirmation within 30 days after filing the notice and appointing instrument (§ 5-202(6)).

What must be proved to get guardianship of an adult in Maine?

Clear and convincing evidence that the adult cannot meet essential requirements for physical health, safety or self-care, even with supportive services, technological assistance or supported decision making; that a protective arrangement or other less restrictive alternative cannot meet the adult's needs; and that the appointment is necessary or desirable (18-C M.R.S. § 5-301(1)(A)).

Does the person get a lawyer in a Maine guardianship case?

The court shall appoint one if the respondent asks, the visitor recommends it, the court determines the respondent needs representation, or the respondent wishes to contest any aspect of the case or limit the guardian's powers (18-C M.R.S. § 5-305(1)).

How long does an emergency guardianship last in Maine?

For a child, no more than 90 days (18-C M.R.S. § 5-204(4)). For an adult, no more than 60 days, extendable once for not more than 120 days if the court finds the appointment conditions continue (§ 5-312(2)); if the court appointed without notice and a hearing and the adult objects, the court shall hold a hearing within 14 days (§ 5-312(4)).

Can a Maine guardian stop visitors?

Only with a specific court order, a protective order or protective arrangement limiting contact with a person, or good cause to believe contact poses a risk of significant physical, psychological or financial harm to the adult (18-C M.R.S. § 5-315).

Does a person under guardianship in Maine keep the right to vote?

Yes, unless the court orders otherwise, and an order removing it must find that the adult cannot communicate, with or without support, a specific desire to participate in the voting process (18-C M.R.S. § 5-310(2)).

How is an adult guardianship ended in Maine?

On prima facie evidence for termination, the court shall order termination unless it is proven that the basis for a guardian under § 5-301 is satisfied (18-C M.R.S. § 5-319(4)). The adult has a right to choose an attorney for the request, and if the adult is not represented, the court shall appoint one under the conditions in § 5-305 (§ 5-319(7)).

Does Maine have supported decision-making agreements?

Article 5 has no stand-alone section creating a supported decision-making agreement. It defines supported decision making and requires courts to consider whether it gives adequate protection before appointing a guardian or conservator (18-C M.R.S. §§ 5-102, 5-301, 5-401).