The best plan to avoid the possible need for future imposition of a court-ordered guardian or conservator is by preparing valid and thorough legal documents while you are capable of doing so. These might include a Financial Power of Attorney and an Advance Health Care Directive or possibly a trust. But some individuals never plan, or they prepare legal documents which are not sufficient. In that case, it may be necessary for a person or the State of Maine to petition the Probate Court to appoint a guardian or a conservator or impose some other protective arrangement for an individual unable to protect his or her own interests.
The Probate Court may appoint a guardian for an individual who is incapacitated and unable to make or communicate responsible decisions regarding his or her physical needs. The Probate Court may appoint a conservator for an individual who is unable to manage his or her money and property.
The Maine Elder Law Firm represents petitioners who seek to be appointed as guardian or conservator for another. The firm also represents individuals or interested family members who may contest the appointment of an unnecessary or excessively broad protective proceeding.
When we meet with an individual regarding protective proceedings, we often provide a copy of the Adult Guardianship Conservatorship Questions & Answers handbook published by the Maine Department of Health and Human Services. We also welcome you to browse our helpful articles on guardianship and conservatorship.
To consult with us about an adult guardianship or conservatorship or other protective proceeding matter in Maine and how we can help, please contact the Maine Elder Law Firm in Bangor.