Title 18-C, Title 18-C

1. Limitations; health care; finances. 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 ad…

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 guard…

1. Report; contents. 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. Each report must state…

1. Removal; successor. The court may remove a guardian for an adult for failure to perform the guardian's duties or for other good cause and appoint a successor guardian to assume the duties of guardian. 2. Hearing. The court shall conduct a hearing to determine whether to remove…

The authority and responsibility of a guardian terminates upon the death of the adult subject to guardianship. The following provisions govern the process for terminating or modifying a guardianship in circumstances other than death of the adult subject to guardianship. [PL 2025,…

1. Conservator for minor; findings. On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor, if the court finds by a preponderance of evidence that: A. The minor owns money or property requiring management or …

1. Petitioner. The following may petition for the appointment of a conservator: A. The individual for whom the order is sought; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. A person interested in the estate, financial affairs or welfare of the individ…

1. Date, time and place for hearing. On receipt of a petition for appointment of a conservator under section 5‑402, the court shall set a date, time and place for hearing the petition. 2. Notice to respondent. A copy of a petition under section 5‑402 and notice of a hearing on th…

1. Petition. The person to be protected, any person who is interested in the estate, affairs or welfare of the person to be protected, including the parent, guardian, custodian or domestic partner of the person to be protected, or any person who would be adversely affected by lac…

1. Visitor for minor respondent. If the respondent in a proceeding to appoint a conservator is a minor, the court may appoint a visitor to investigate a matter related to the petition or to inform the minor or a parent of the minor about the petition or a related matter. 2. Visit…

1. Attorney for respondent. The court shall appoint an attorney to represent a respondent in a proceeding on a petition under section 5-402 if: A. Requested by the respondent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Recommended by the visitor; [P…

1. Evaluation; report. The respondent must be examined by a licensed physician or psychologist who is acceptable to the court, who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and who will not be advantaged or disadvantaged …

1. Attendance by respondent required. Except as otherwise provided in subsection 2, a hearing under section 5-403 may proceed only if the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typi…

1. Matter of public record; exceptions. The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after: A. The respondent, the individual subject to conservatorship or the parent of a minor subject to con…

1. Priority for appointment. Except as otherwise provided in subsection 3, the court in appointing a conservator shall consider persons otherwise qualified in the following order of priority: A. A conservator, other than a temporary or emergency conservator, currently acting for …

1. Conservator for minor; findings. A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor. 2…

1. Notice of appointment, order; rights. A conservator appointed under section 5‑401 shall give to the individual subject to conservatorship and to all other persons given notice under section 5‑403 a copy of the order of appointment, together with a notice of the right to reques…

1. Appointment; findings. On petition by a person interested in an individual's welfare or on its own after a petition has been filed under section 5‑402, the court may appoint an emergency conservator for the individual if the court finds: A. Appointment of an emergency conserva…

1. Powers requiring specific authorization; notice. Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under section 5‑403, subsection 4 and receive specific authorization by the court before the conservator may exercise with re…

An individual subject to conservatorship or a person interested in the welfare of the individual may file a petition in the court for an order: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Bond or collateral. Requiring the conservator to furnish bond …

1. Bond or alternative asset-protection arrangement required. 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, conditioned on faithful discharge of al…

1. Bond requirements. The following rules apply to the bond required under section 5-416. A. Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. By exe…

1. Duties as fiduciary. A conservator is a fiduciary and has a duty of prudence and duty of loyalty to the individual subject to conservatorship. 2. Promote self-determination. A conservator shall promote the self-determination of the individual subject to conservatorship and, to…

1. Plan; revision. The petitioner for appointment as conservator for an adult shall file with the petition a plan for protecting, managing, expending and distributing the assets of the conservatorship estate. When there is a change in circumstances or when the conservator seeks t…

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, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as inf…

1. Powers unless limited; powers of trustee. Except as otherwise provided in section 5-414 or qualified or limited in the court's order of appointment and stated in the letters of office, a conservator has all powers granted in this section and any additional powers granted to a …

Except as otherwise provided in section 5-414 or qualified or limited in the court's order of appointment and stated in the letters of office, and unless contrary to a conservator's plan filed under section 5-419, a conservator may expend or distribute income or principal of the …

1. Report. A conservator shall file a report in a record with the court regarding the administration of the conservatorship estate annually unless the court otherwise directs, on resignation or removal, on termination of the conservatorship and at any other time as the court dire…

1. Interest not transferable or assignable; not subject to claims. The interest of an individual subject to conservatorship in property included in the conservatorship estate is not transferable or assignable by the individual and is not subject to levy, garnishment or similar pr…

A transaction involving a conservatorship estate that is affected by a substantial conflict between the conservator's fiduciary duties and personal interests is voidable unless the transaction is authorized by the court by specific order after notice to all persons entitled to no…

1. Protection of 3rd party. A person that assists or deals with a conservator in good faith and for value in any transaction, other than one requiring a court order under section 5-414, is protected as though the conservator properly exercised the power in question. Knowledge by …

1. Delivery of will. If an individual subject to conservatorship dies, the conservator shall deliver to the court for safekeeping any will of the individual in the conservator's possession and inform the personal representative named in the will if feasible, or if not feasible a …

1. Claims against estate or protected person. A conservator may pay, or secure by encumbering property included in the conservatorship estate, a claim against the conservatorship estate or the individual subject to conservatorship arising before or during the conservatorship on p…

1. Not personally liable. Except as otherwise agreed by a conservator, the conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the conservatorship estate unless the conservator fails to reveal in the …

1. Removal by court. The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator. 2. Hearing upon petition, communication or determination. The court shall condu…

1. Conservatorship for a minor. A conservatorship for a minor terminates on the earlier of: A. An order of the court; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The minor becoming an adult or, if the minor consents or the court finds by clear and co…

1. Order protective arrangement. Under this Part, a court: A. Upon receiving a petition for a guardianship for an adult may order one or more protective arrangements instead of guardianship as a less restrictive alternative to guardianship; and [PL 2017, c. 402, Pt. A, §2 (NEW); …

1. Findings. After the hearing conducted on a petition for guardianship under section 5‑302 or one or more protective arrangements instead of guardianship under section 5‑501, subsection 2, the court may enter an order for one or more protective arrangements instead of guardiansh…

1. Findings. After the hearing conducted on a petition for conservatorship for an adult under section 5‑402 or one or more protective arrangements instead of conservatorship for an adult under section 5‑501, subsection 3, the court may enter an order for one or more protective ar…

1. Petition contents. A petition for one or more protective arrangements instead of guardianship or conservatorship must set forth the petitioner's name, principal residence, current street address, if different, relationship to the respondent and interest in the protective arran…

1. Date, time and place for hearing. On receipt of a petition under section 5-501, the court shall set a date, time and place for hearing on the petition. 2. Notice to respondent. A copy of a petition under section 5-501 and notice of the hearing under subsection 1 must be served…

1. Petition for protective arrangement. On receipt of a petition for one or more protective arrangements instead of guardianship under section 5‑501, the court shall appoint a visitor. A visitor appointed under this subsection must be an individual having training or experience i…

1. Appointment of attorney. The court shall appoint an attorney to represent the respondent in a proceeding under this Part if: A. Requested by the respondent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Recommended by the visitor; [PL 2017, c. 402, …

1. Order professional evaluation. At or before a hearing on a petition under this Part for a protective arrangement, the court shall order a professional evaluation of the respondent: A. If the respondent requests the evaluation; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. …

1. Attendance by respondent required. Except as otherwise provided in subsection 2, a hearing under this Part may proceed only if the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typicall…

The court shall give notice of an order under this Part to the individual who is the subject of the protective arrangements instead of guardianship or conservatorship, a person whose access to the respondent is restricted by the order and any other person as the court determines.