Maine Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Maine instrument is a power of attorney delegating parental powers under 18-C M.R.S. 5-127 (Delegation by parent or guardian). The parent, or a court-appointed guardian, signs it, and the statute calls the person receiving the powers the agent. Section 5-127 sets no required form, so this page offers a drafted document rather than a state form.

2. 2

   The delegation may last for a period not exceeding 12 months. The statute states no default term and is silent on whether a new power of attorney may follow expiry. If the parent is a National Guard or Reserves member under an order to active duty for a period of more than 30 days, and the document does not say otherwise, a power of attorney that would otherwise expire is automatically extended until 30 days after the active duty order ends or until a court order so provides. This applies only to involuntary mobilizations or a declared war or national emergency.

3. 3

   Section 5-127 states no notary, witness or agent-signature requirement for a parent's delegation, and no notice to the other parent. It is silent on whether one parent may sign alone. A delegation by a court-appointed guardian becomes effective only when the power of attorney is filed with the court. A parent may not permanently avoid or divest parental and legal responsibility by executing a power of attorney.

4. 4

   The agent may receive any power regarding care, custody or property of the minor, but the agent cannot consent to termination of parental rights, marriage or adoption. Maine law also contemplates a parent delegating medical consent by power of attorney (22 M.R.S. 1501(4)). Section 5-127 does not give schools or providers a reliance protection, so this page does not promise that any school or medical provider must accept the document.

5. 5

   This is not a court guardianship. The delegation does not deprive the parent of any parental or legal authority, so the parent keeps concurrent authority. Executing it, without other evidence, does not constitute abandonment, abuse or neglect. It is subject to the same court supervision that applies to temporary substitute guardians under 18-C M.R.S. 5-124(5).

6. 6

   The parent may revoke or amend the delegation in writing, delivered to the person to whom the powers were delegated and to other interested persons. The agent may be any person, with no relative requirement and no minimum age stated in 5-127. A related adult the child lives with may also consent to health care as a surrogate without any document (22 M.R.S. 1503-A), and must make a reasonable good faith attempt to inform the minor's parents or legal guardian. A surrogate cannot withhold or withdraw life-sustaining treatment.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Maine has court routes in the Probate Court: an emergency guardian of a minor under 18-C M.R.S. 5-204(4), limited to 90 days, and an interim guardian under 5-205 for up to 6 months. A guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Maine child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Maine Requirements for Temporary Guardianship Agreement

• Parent-Signed Power of Attorney

  A parent or guardian of a minor may, by a power of attorney, delegate to another person any power regarding care, custody or property of the minor (18-C M.R.S. 5-127(1)).

• 12-Month Maximum Term

  The delegation may be for a period not exceeding 12 months. The statute states no default term (18-C M.R.S. 5-127(1)).

• National Guard and Reserves Extension

  For a parent who is a National Guard or Reserves member under an order to active duty for more than 30 days, in an involuntary mobilization or a declared war or national emergency, an expiring power of attorney is automatically extended until 30 days after the active duty order ends or until a court order so provides, unless the power of attorney says otherwise (18-C M.R.S. 5-127(2)).

• Powers That Cannot Be Delegated

  The agent cannot consent to termination of parental rights, marriage or adoption of the minor (18-C M.R.S. 5-127(1)).

• Parent Keeps Authority

  The delegation does not deprive the parent or guardian of any parental or legal authority, and a parent may not permanently avoid or divest parental and legal responsibility by signing (18-C M.R.S. 5-127(1), (3)).

• Written Revocation or Amendment

  The appointing parent or guardian may revoke or amend the delegation in writing, delivered to the person to whom the powers were delegated and to other interested persons (18-C M.R.S. 5-127(1)).

• Return of the Minor

  When the power of attorney expires or ends, the minor must be returned to the custody of the parent or guardian as soon as reasonably possible unless otherwise ordered by the court (18-C M.R.S. 5-127(3)).

• Court-Appointed Guardian Filing

  A delegation of powers by a court-appointed guardian becomes effective only when the power of attorney is filed with the court. The statute states no filing step for a parent's delegation (18-C M.R.S. 5-127(1)).