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Guardianship

Questions & Answers for Families and Friends of Adults With Disabilities.

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The Department of Health and Human Services originally developed this booklet in response to a need for information expressed by many families throughout the state. These families, concerned with relatives' current functioning and future well-being, were trying to make plans for their relatives but found they lacked the information to do so. Since a great many of their questions centered specifically on the guardianship process, this booklet was written to provide, as briefly as possible, basic information about guardianship and the process of obtaining it. It is important to remember that, although guardianship is meant to protect and provide continuing care for individuals who are unable to make or communicate responsible decisions for themselves, obtaining guardianship in any form is a very serious step to take. It should be considered only after all other alternatives have been explored. You will find that working with the Probate Court is not generally complicated and that the judges are sympathetic to the rights and needs of you and your relative or client.

Throughout this booklet, you will find numbers in parentheses after the answers. These numbers are Probate Code references and let you know what part of the Code the answer is based on. All these citations are found in the Maine Revised Statutes Annotated Title 18A. For example, the citation (5-304) refers to Title 18A, Article V, Section 304 in the Probate Code.

Because every situation is different, this booklet will not answer every question you may have about guardianship, but it will provide a basis on which to begin. We hope it proves to be of value to you.