Guardianship in Maine
State-specific overview · Estate & Probate
Maine presumes individuals have capacity unless proven otherwise and requires guardians to use the least restrictive alternative available.
How Maine treats Guardianship
Maine's guardianship law, codified in Title 18-A, emphasizes preserving the ward's autonomy and decision-making rights to the maximum extent possible. Courts must consider whether a limited guardianship, conservatorship, or other alternative arrangement would better serve the ward before appointing a full guardian. Maine requires clear and convincing evidence of incapacity and mandates that the guardian respect the ward's preferences and values when making decisions. Guardians must file annual reports with the court and may be required to post a bond depending on the estate's size.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Maine.