Guardianship of a Child or Adult in Maine

A minor, or anyone interested in the minor's welfare, may petition the Probate Court to appoint a guardian. The court may appoint a suitable guardian if it is in the child's best interest and the parents consent, all parental rights have been terminated, or the court finds by clear and convincing evidence that the parents are unwilling or unable to exercise their parental rights. A guardian named by a parent has priority. Emergency guardianship (up to 90 days) is available to prevent substantial harm, with a hearing within 7 to 14 days. The court must also address child support.

After notice and a hearing, the court may appoint a guardian for an adult only if it finds by clear and convincing evidence that the person cannot meet essential requirements for physical health, safety or self-care because the person cannot receive and evaluate information or make or communicate decisions, even with supportive services, technology or supported decision-making, and the needs cannot be met by a protective arrangement or other less restrictive alternative. The court grants only the powers needed and may not order a full guardianship if a limited guardianship, protective arrangement or other less restrictive option would work. Supported decision-making arrangements are expressly considered.