Maine Guardianship of a Minor Petition
Maine hears this petition in either the county Probate Court or the District Court, decided by a Jurisdictional Affidavit on Form PB-003, uses the mandatory Petition to Appoint Guardian of Minor on Form GS-001, caps an emergency guardian's authority at 90 days and a separate pre-final interim order at up to 6 months, and gives notice rights to a child 14 or older.
Find out where you stand in Maine
Where are you with the guardianship?
DocDraft provides document preparation, not legal advice.
Introduction
A Maine guardianship of a minor is heard in either the county Probate Court or the District Court; a Jurisdictional Affidavit on Form PB-003, filed with the petition, tells the court which one applies, turning on whether a related juvenile, custody, or protective case is already pending in District Court. The petitioner files a Petition to Appoint Guardian of Minor on the mandatory Form GS-001, citing 18-C M.R.S. section 5-204; the court's form controls, and this is a working draft to prepare for filing, not a substitute for it. This proceeding covers guardianship of the minor's person; the minor's property is handled through a separate conservatorship proceeding. For urgent cases, an emergency guardian's authority under Form GS-003 may not exceed 90 days, and a separate interim order pending the final hearing may run up to 6 months. Notice goes to each living parent and to the minor if 14 or older. A guardianship does not terminate a parent's rights and is not adoption; a parent may later petition the court to end it. A parent may also appoint a guardian for the child by will or signed writing under section 5-202; that appointment takes effect on the parent's death or incapacity, and the named guardian must then petition the court for confirmation unless a parent already had it confirmed. Attorney review is available before you file.
Key Things to Know
- 1
File a Petition to Appoint Guardian of Minor on the mandatory Form GS-001 (18-C M.R.S. section 5-204), in either the county Probate Court or the District Court; a Jurisdictional Affidavit on Form PB-003 is filed with the petition so the court can decide which one has jurisdiction, and the court's form controls over any draft.
- 2
Two temporary tracks exist with different caps: an emergency guardian appointed on Form GS-003 has authority that may not exceed 90 days and requires a hearing within 14 days but not less than 7 days, while a separate interim order pending the final hearing may run up to 6 months on a different standard.
- 3
Notice of the petition goes to each living parent (or the nearest adult kin who can be found if there is none), to the minor if 14 or older and not the petitioner, to any person who had primary care and custody of the minor in the 60 days before filing, and to anyone the minor has nominated as guardian.
- 4
Parental consent is one of three independent grounds for appointment, along with a prior termination of a parent's rights or clear and convincing proof a parent is unwilling or unable to exercise parental rights; a consenting parent signs a court consent form, and the court must offer that form to a parent who later wishes to consent.
- 5
The court may appoint a guardian ad litem for the minor but is not required to, and there is no mandatory investigator report or home study for a guardian of a minor's person; every guardian instead signs Form GS-008 acknowledging familiarity with the statutory duties list in section 5-207.
- 6
No bond applies to a guardian of the minor's person. A bond is required only if the same person is also appointed conservator of the minor's estate and that estate is $50,000 or more, and the court may waive it only on finding it not necessary to protect the minor's interests.
- 7
A guardianship does not terminate a parent's parental rights and is not adoption. A parent may petition the court to end the guardianship, and the party opposing termination must then prove by clear and convincing evidence that the parent is currently unfit to regain custody.
Key decisions before you file
Before you file a Guardianship of a Minor Petition in Maine, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.
Open the Guardianship of a Minor Petition guideCustomize your Guardianship of a Minor Petition Template with DocDraft
Maine Requirements for Guardianship of a Minor Petition
Split Jurisdiction Between Probate and District Court
A Maine guardianship of a minor petition is heard in either the county Probate Court or the District Court, resolved by a Jurisdictional Affidavit on Form PB-003; the District Court keeps exclusive, continuing jurisdiction only if a related juvenile, custody, or protective case is already pending there.
Mandatory Petition on Form GS-001
The petitioner files the statewide mandatory Petition to Appoint Guardian of Minor, Form GS-001, citing 18-C M.R.S. section 5-204; an emergency motion, Form GS-003, may only be filed together with it.
Two Temporary Guardianship Tracks With Different Caps
An emergency guardian's authority under section 5-204(4) may not exceed 90 days and requires a substantial-harm finding with a hearing within 14 days but not less than 7 days, while a separate interim order under section 5-205(8) pending the final hearing may run up to 6 months.
Notice to Parents, a Child Age 14 or Older, and Recent Caregivers
Notice of the petition goes to each living parent, to the minor if 14 or older and not the petitioner, to any person with primary care and custody of the minor in the 60 days before filing, and to any person the minor has nominated as guardian.
Parental Consent Is One of Three Grounds for Appointment
Appointment rests on parental consent, a prior termination of a parent's rights, or clear and convincing proof a parent is unwilling or unable to exercise parental rights; a consenting parent signs a court consent form.
Guardian Ad Litem Is Discretionary, Not Mandatory
The court may appoint a guardian ad litem for the minor but is not required to, and there is no mandatory investigator report for a guardian of a minor's person; every guardian signs Form GS-008 acknowledging the statutory duties list, a signed acknowledgment rather than a training course.
Bond Applies Only to a Conservator of a $50,000-or-More Estate
No bond applies to a guardian of the minor's person. A bond is required only if the same person is also appointed conservator of the minor's estate and the estate is $50,000 or more, waivable only on a finding it is not necessary to protect the minor's interests.
Guardianship Does Not Terminate Parental Rights
A Maine guardianship does not terminate a parent's parental rights and is not adoption; a parent may petition to end it, and the party opposing termination must prove by clear and convincing evidence that the parent is currently unfit to regain custody.