Adult Guardianship in Maine
Reviewed by DocDraft Legal Team - Maine - Last updated October 9, 2026
In Maine the county Probate Court appoints a guardian for the personal affairs of an adult, or a conservator for the adult's property or financial affairs, under the Maine Uniform Guardianship, Conservatorship and Protective Proceedings Act (18-C M.R.S. Article 5). The adult is the "respondent", and the petition for a guardian goes on Form PP-201. The court may appoint a guardian only if it finds by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or self-care. Maine requires a court-appointed visitor and an examination by a medical practitioner acceptable to the court in every adult guardianship, and the respondent must attend the hearing unless the court makes specific findings.
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What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Maine?
A Maine Probate Court may appoint a guardian only if it finds by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or self-care. It must also find the needs cannot be met by a protective arrangement or less restrictive alternative, and that appointment is necessary or desirable (5-301).
Which court and which form start an adult guardianship in Maine?
The petition is filed in the county Probate Court. The Maine Probate Courts forms page lists Form PP-201, Petition for Appointment of Guardian (adult), PP-401 for a conservator, and PP-205 for a joined petition. The page tells filers to contact the Register of the Probate Court in the county about which forms to use, so the court's requirements control.
Does Maine require a doctor's report for an adult guardianship?
Yes. In every adult guardianship the respondent is examined by a medical practitioner acceptable to the court, such as a licensed physician, certified nurse practitioner or licensed clinical psychologist. The report is due at least 10 days before any hearing (18-C M.R.S. 5-306). If the respondent declines, the petitioner may request an examination under Maine Rule of Civil Procedure 35.
What rights does the person have in a Maine guardianship case?
The petition and notice of hearing must be served personally on the respondent, stating the right to an attorney and to attend. The court appoints an attorney if the respondent requests one, the visitor recommends one, the court finds the respondent needs representation, or the respondent wishes to contest or seek limits on the guardian's powers. A visitor is appointed.
Maine's functional test, mandatory visitor and medical evaluation, and attendance rule
Maine splits the role in two. A guardian makes decisions about the personal affairs of an adult, and a conservator makes decisions about the adult's property or financial affairs; either can be full or limited, and the adult is the "respondent" (18-C M.R.S. 5-102). The county Probate Court hears the case under the Maine Uniform Guardianship, Conservatorship and Protective Proceedings Act, and the Probate Courts forms page lists Form PP-201 for a guardian petition and PP-401 for a conservator petition. Maine uses a functional test rather than the label "incapacitated person": the court may appoint a guardian only if it finds by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or self-care, because the respondent is unable to receive and evaluate information or make or communicate decisions even with supports, the needs cannot be met by a protective arrangement or less restrictive alternative, and appointment is necessary or desirable (5-301(1)(A)). Two separate people report to the court: a visitor with training or experience in the type of abilities, limitations and needs alleged, and a medical practitioner acceptable to the court who examines the respondent in every adult guardianship; each report is due at least 10 days before any hearing on the petition (5-304, 5-306). The hearing may proceed only if the respondent attends, unless the court finds by clear and convincing evidence that the respondent consistently and repeatedly refused after being fully informed, or that there is no practicable way to attend (5-307). The court appoints an attorney for the respondent on request, on the visitor's recommendation, when it finds the respondent needs representation, or when the respondent wishes to contest or seek limits on the guardian's powers (5-305). A Maine "protective arrangement instead of guardianship or conservatorship" is a separate one-time court order, and the court may not establish a full guardianship if a limited guardianship, protective arrangement or other less restrictive alternative would meet the respondent's needs (5-301(2)).
Relevant Laws
18-C M.R.S. 5-301
Allows the court to appoint a guardian for an adult respondent only if it finds by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or self-care, and bars a full guardianship where a limited guardianship or other less restrictive alternative would meet the needs. Section 5-102 defines guardian, conservator and less restrictive alternative.
18-C M.R.S. 5-303
Requires the petition and notice of hearing to be served personally on the respondent, sets the contents of the notice, and provides that failure to substantially comply precludes the court from granting the petition.
18-C M.R.S. 5-306
Requires an examination by a medical practitioner acceptable to the court in every adult guardianship, lists the qualifying practitioners, and requires the report to be filed at least 10 days before any hearing on the petition. Sections 5-304, 5-305 and 5-307 cover the visitor, counsel and the respondent's attendance.
Maine Probate Courts Forms
Probate court forms for Title 18-C proceedings, including PP-201, PP-401, PP-205, PP-502, PP-503, PP-505, PP-506, PP-507, PP-209 and PP-406. The page directs filers to the Register of the Probate Court in the county for which forms to use.
Regional Variances
Maine adult guardianship requirements
Court
County Probate Court, under Title 18-C of the Maine Revised Statutes (18-C M.R.S. 1-302(3), Article 5).
Terms used
Guardian (personal affairs) and conservator (property or financial affairs), each full or limited; the adult is the "respondent". A "protective arrangement instead of guardianship or conservatorship" is a separate one-time court order (18-C M.R.S. 5-102).
Petition form
Form PP-201 (guardian), PP-401 (conservator), PP-205 (joined petition); guardianship plan PP-502, conservator plan PP-503. Contact the Register of the Probate Court in the county, because the court's requirements control.
Incapacity standard and proof
Guardian: clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or self-care, because of an inability to receive and evaluate information or make or communicate decisions even with supports, the needs cannot be met by a protective arrangement or less restrictive alternative, and appointment is necessary or desirable (5-301(1)(A)). Conservator: clear and convincing evidence (5-401(2)).
Medical or evaluator report
Every adult guardianship: examination by a medical practitioner acceptable to the court (licensed physician, licensed physician associate, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist) and a court-appointed visitor; each report filed at least 10 days before any hearing on the petition (5-304, 5-306). Conservatorship: licensed physician or psychologist with no conflict of interest (5-407).
Notice and service
Guardianship: petition and notice of hearing served personally on the respondent, with notice of the right to an attorney and to attend; failure to substantially comply precludes granting the petition (5-303(2)). Conservatorship: personal service at least 14 days before the hearing, and notice to listed relatives and others at least 14 days before the hearing (5-403).
Right to counsel
The court shall appoint an attorney if requested by the respondent, recommended by the visitor, the court determines the respondent needs representation, or the respondent wishes to contest or seek limits on the guardian's powers (5-305(1), 5-406(1)). The respondent may also choose an attorney at the hearing (5-307(4)).
Respondent's attendance
The hearing may proceed only if the respondent attends, unless the court finds by clear and convincing evidence that the respondent consistently and repeatedly refused after being fully informed, or there is no practicable way to attend (5-307(1)-(2)).
Less restrictive alternatives
No full guardianship if a limited guardianship, protective arrangement or other less restrictive alternative would meet the needs; the term includes supported decision making, technological assistance, an agent under a power of attorney for health care or finances, and a representative payee (5-301(2), 5-102(14)).
Emergency guardian
Likely to prevent substantial harm to physical health, safety or welfare, no other person appears to have authority and willingness to act, and reason to believe a basis for guardianship may exist; up to 60 days, extendable once for not more than 120 days if the conditions continue (5-312). Form PP-507 is the affidavit.
Bond and reports
Conservator of an estate of $50,000 or more: surety bond or alternative asset-protection arrangement, waivable only on a finding it is not necessary, and not waivable for a paid professional conservator, subject to an exception in subsection 3 (5-416). Conservator inventory within 90 days after appointment (5-420) and annual report unless the court otherwise directs (5-423). Guardian report at least annually (5-317).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether supported decision making, a durable power of attorney, a healthcare power of attorney or a limited guardianship would meet the need. Maine will appoint a guardian only if the respondent's needs cannot be met by a protective arrangement or other less restrictive alternative, and the petition must explain the alternatives considered.
Arrange the medical evaluation
Report filed at least 10 days before any hearing on the petition days after startingAsk a medical practitioner acceptable to the court (a licensed physician, licensed physician associate, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist) to examine the respondent in every adult guardianship. Form PP-505 is the Physician's or Psychologist's Report. If the respondent declines, the petitioner may request an examination under Maine Rule of Civil Procedure 35.
File the petition with the county Probate Court
At filing days after startingFile Form PP-201 (guardian), PP-401 (conservator) or PP-205 (both) with the guardianship plan (PP-502) or conservator plan (PP-503). Contact the Register of the Probate Court in the county about which forms to use and the filing fee, because the court's requirements control.
Serve the respondent and prepare for the hearing
Before the hearing days after startingServe the petition and notice of hearing personally on the respondent, with the notice stating the right to an attorney and to attend. In a conservatorship, personal service is required at least 14 days before the hearing. Expect a court visitor, and note that the hearing may proceed only if the respondent attends unless the court makes the findings the statute requires.
Calendar inventory, bond and reports
Within 90 days after appointment (conservator inventory); at least annually (reports) days after startingA conservator files a detailed inventory within 90 days after appointment and gives notice of filing within 14 days. A conservator of an estate of $50,000 or more furnishes a bond or alternative asset-protection arrangement unless the court finds it is not necessary; the bond cannot be waived for a paid professional conservator, subject to an exception in subsection 3 of 18-C M.R.S. 5-416. A guardian reports to the court at least annually; a conservator reports annually unless the court otherwise directs.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether supported decision making, a durable power of attorney, a healthcare power of attorney or a limited guardianship would meet the need. Maine will appoint a guardian only if the respondent's needs cannot be met by a protective arrangement or other less restrictive alternative, and the petition must explain the alternatives considered. | durable-power-of-attorney | Before filing |
| Arrange the medical evaluation | Ask a medical practitioner acceptable to the court (a licensed physician, licensed physician associate, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist) to examine the respondent in every adult guardianship. Form PP-505 is the Physician's or Psychologist's Report. If the respondent declines, the petitioner may request an examination under Maine Rule of Civil Procedure 35. | - | Report filed at least 10 days before any hearing on the petition |
| File the petition with the county Probate Court | File Form PP-201 (guardian), PP-401 (conservator) or PP-205 (both) with the guardianship plan (PP-502) or conservator plan (PP-503). Contact the Register of the Probate Court in the county about which forms to use and the filing fee, because the court's requirements control. | - | At filing |
| Serve the respondent and prepare for the hearing | Serve the petition and notice of hearing personally on the respondent, with the notice stating the right to an attorney and to attend. In a conservatorship, personal service is required at least 14 days before the hearing. Expect a court visitor, and note that the hearing may proceed only if the respondent attends unless the court makes the findings the statute requires. | - | Before the hearing |
| Calendar inventory, bond and reports | A conservator files a detailed inventory within 90 days after appointment and gives notice of filing within 14 days. A conservator of an estate of $50,000 or more furnishes a bond or alternative asset-protection arrangement unless the court finds it is not necessary; the bond cannot be waived for a paid professional conservator, subject to an exception in subsection 3 of 18-C M.R.S. 5-416. A guardian reports to the court at least annually; a conservator reports annually unless the court otherwise directs. | - | Within 90 days after appointment (conservator inventory); at least annually (reports) |
Frequently Asked Questions
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