Title 18-C, Title 18-C

1. Request of court of another state. In a guardianship proceeding or protective proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following: A. Hold an evidentiary hearing; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 20…

1. Testimony of witness in another state. In a guardianship proceeding or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for t…

1. Definitions. As used in this subpart, unless the context otherwise indicates, the following terms have the following meanings. A. "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety or welfare and for which the appointm…

This subpart provides the exclusive jurisdictional basis for a court of this State to appoint a guardian or issue a protective order for an adult.

A court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Respondent's home state. This State is the respondent's home state; or 2. Significant-connection…

1. Special jurisdiction. If this State is not the respondent's home state and not a significant-connection state, a court of this State has special jurisdiction to do any of the following: A. Appoint a guardian in an emergency for a term not exceeding 6 months for a respondent wh…

Except as otherwise provided in section 5-624, a court that has appointed a guardian or issued a protective order consistent with this Part has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its…

1. Decline jurisdiction. A court of this State having jurisdiction under section 5-623 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. 2. Actions by …

1. Jurisdiction because of unjustifiable conduct. If at any time a court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: A. Decline to exercise jurisdiction; [PL 2017, c. 402…

If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this State, notice of the pet…

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under section 5‑624, subsection 1, paragraph A or B, if a petition for the appointment of a guardian or issuance of a protective ord…

1. Petition. A guardian or conservator appointed in this State may petition the court to transfer the guardianship or conservatorship to another state. 2. Notice. Notice of a petition under subsection 1 must be given to the persons that would be entitled to notice of a petition i…

1. Petition. To confirm transfer of a guardianship or conservatorship transferred to this State under provisions similar to section 5‑631, the guardian or conservator must petition the court in this State to accept the guardianship or conservatorship. The petition must include a …

In applying and construing this Part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This Part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede 15 United States Code, Section 7001(c) or authorize electronic delivery of any of …

1. Proceedings on or after September 1, 2019. This Part applies to guardianship and protective proceedings begun on or after September 1, 2019. 2. Proceedings before September 1, 2019. Subparts 1 and 3 and sections 5‑641 and 5‑642 apply to proceedings begun before September 1, 20…

1. Appointment of public guardian or conservator. In any case in which a guardian or conservator may be appointed by the court under this Article, the court may appoint a public guardian or conservator as provided in this Part for persons who are in need of protective services. 2…

A public guardian or conservator may not be appointed if the court determines that a suitable private guardian or conservator is available and willing to assume the responsibilities of a guardian or conservator.

When the court has appointed a public guardian under this Part, no coguardian may be appointed for the same individual subject to guardianship. When the court has appointed a public conservator under this Part, a coconservator may not be appointed for the same individual subject …

1. Nomination of public guardian. Any person who is eligible to petition for appointment of a guardian under section 5‑302, subsection 1, including the commissioner of any state department, the head of any state institution, the board of overseers and the welfare director or heal…

Prior to the appointment of a public guardian or conservator, the appropriate agency nominated shall accept or reject the nomination in writing within 30 days of its receipt of notification that it has been nominated and if the nomination is accepted shall file a plan under secti…

1. Commissioner of Health and Human Services. When the Department of Health and Human Services is appointed public guardian or conservator of a person, the authority of the public guardian or conservator must be exercised by the Commissioner of Health and Human Services and by an…

A public guardian or conservator has the same powers, rights and duties respecting the individual subject to guardianship or the individual subject to conservatorship as provided for guardians and conservators by the other Parts of this Article except as otherwise specifically pr…

The appointment of a public guardian or conservator in no way enlarges or diminishes the individual subject to guardianship's or protected person's right to services made available to all persons in need of service or protection in the State except for the provision of guardiansh…

Nothing in this Article abrogates any other powers or duties vested by law in the head of any public institution, or vested by the settlor of a trust in the trustee thereof, for the benefit of any individual subject to guardianship or protected person for whom the public guardian…

The public guardian or conservator is not required to file bonds in individual guardianships or conservatorships.

1. Reasonable expenses; account for costs. The public guardian or conservator may receive such reasonable amounts for its expenses as guardian or conservator as the Probate Court may allow. The amounts so allowed must be allocated to an account from which may be drawn expenses fo…

1. Guardian ad litem, other special costs. The costs of the guardian ad litem or any other special costs may be paid by the Department of Health and Human Services, within the limits of the department's budget, when: A. A person is in need of protective services and: (1) A guardi…

The provisions of Parts 2 and 3 regarding limited guardianships apply to the appointment of public guardians.

This Part may be known and cited as "the Uniform Health Care Decisions Act."

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Advance health care directive. "Advance health care directive" means an individual instruction …

1. Individual instruction. An adult or emancipated minor with capacity may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. An oral instruction is valid only if made to a he…

When a principal in a hospital or a residential health care facility has an infectious disease and is confined to a room or ward where isolation precautions prevent the physical presence of individuals or documents necessary for executing the principal's advance health care direc…

1. Revocation of designation of agent. An individual with capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider. 2. Revocation of advance health care directive. An individual with capacity may revo…

The following form may, but need not, be used to create an advance health care directive. The other sections of this Part govern the effect of this or any other writing used to create an advance health care directive. An individual with capacity may complete or modify all or any …

1. Decisions by surrogate. A surrogate may make a decision to withhold or withdraw life-sustaining treatment for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity, no agent or guardian has been appointed or…

1. Compliance with expressed wishes; cannot revoke advance health care directive. Except as authorized by a court of competent jurisdiction, a guardian shall comply with the individual subject to guardianship's individual instructions and other wishes, if any, expressed while the…

1. Communicate to patient. Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. 2. Include in record advance …

Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health care information…

1. Health care provider or institution. A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or health care institution is not subject to civil or criminal lia…

1. Health care provider or institution; intentional violation. A health care provider or health care institution that intentionally violates this Part is subject to liability to the aggrieved individual for damages of $500 or actual damages resulting from the violation, whichever…

1. Right to make health care decisions while having capacity. This Part does not affect the right of an individual to make health care decisions while having capacity to do so. 2. Presumed to have capacity; rebuttal. An individual is presumed to have capacity to make a health car…

A copy of a written advance health care directive, revocation of an advance health care directive or designation or disqualification of a surrogate has the same effect as the original.

1. No presumption concerning intention if no advance health care directive or if revoked. This Part does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health care directive. 2. Death resulting from withholding or…

On petition of a patient, the patient's agent, guardian or surrogate, a health care or social services provider or health care institution involved with the patient's care, a state agency mandated to provide adult protective services pursuant to Title 22, chapter 958‑A, or an adu…