Maine Guardianship and Conservatorship
When an adult can no longer manage their own care or finances, a Maine court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.
Based on 18-C M.R.S. Article 5 (Maine Uniform Guardianship, Conservatorship and Protective Proceedings Act)
What guardianship and conservatorship mean here
Guardianship in Maine is a court proceeding under Article 5 of the Probate Code (18-C M.R.S.), the Maine Uniform Guardianship, Conservatorship and Protective Proceedings Act. A judge of the county Probate Court appoints a guardian to make personal, medical, and living decisions for a minor, or for an adult who cannot meet essential requirements for physical health, safety, or self-care even with supportive services. Maine law favors the least restrictive option and forbids a full guardianship when a limited guardianship or a protective arrangement would meet the person's needs.
In Maine a guardian handles personal, medical, and residential decisions, while a conservator handles money and property. They are two separate appointments under Article 5, and the court can appoint one person to serve as both. Maine replaced the old term 'ward' with 'person subject to guardianship' when it enacted Title 18-C.
Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.
Types of guardianship and conservatorship
Conservator (protection of property)
Management of the property and financial affairs of a protected minor or adult. The court finds the person cannot manage property or financial affairs and appointment is needed to avoid harm or to obtain funds for support, and less restrictive alternatives will not provide adequate protection.
18-C M.R.S. §5-401
Limited guardianship of an adult
Only the specific powers the court grants; the adult keeps every right the order does not remove. The adult needs help in some areas but can still make other decisions. Maine courts may not impose a full guardianship when a limited guardianship or a less restrictive alternative would meet the adult's needs.
18-C M.R.S. §5-301
Guardian of an adult (full)
Personal, medical, and residential decisions for an adult who cannot make them safely. The court finds by clear and convincing evidence that the adult cannot meet essential requirements for physical health, safety, or self-care even with appropriate supportive services, technological assistance, or supported decision making.
18-C M.R.S. §5-301
More guardianship types3 additional arrangements courts use in specific situations, with statute cites
Guardian of a minor
Care, custody, and control of a minor child, including where the child lives, schooling, and routine medical care. A parent nominates a guardian by will or signed writing, or the court finds guardianship serves the child's best interest and the parents consent, parental rights have been terminated, or a parent is proven unfit by clear and convincing evidence.
18-C M.R.S. §§5-201, 5-204
Emergency guardian
Temporary authority limited to the specific powers stated in the order. Immediate action is likely to prevent substantial harm to an adult's physical health, safety, or welfare and no one else has authority and is willing to act.
18-C M.R.S. §5-312
Emergency conservator
Temporary authority over property, limited to the powers stated in the order. Immediate action is likely to prevent substantial and irreparable harm to a person's property or financial interests and no one else has authority and is willing to act.
18-C M.R.S. §5-413
The Maine guardianship court process
1File a petitionFile a petition for appointment of a guardian with the county Probate Court where the respondent lives.
2Give noticeServe notice on the respondent and on interested people such as a spouse or domestic partner, adult children, parents, and anyone already serving as guardian or conservator.
3Attorney for the adultIn an adult case the court appoints an attorney to represent the respondent, or the respondent may hire their own (18-C M.R.S.
4Court visitorThe court appoints a visitor who meets with the respondent, explains the petition, and reports back to the court (18-C M.R.S.
5Professional evaluationThe court may order a professional evaluation of the adult's condition and abilities when the respondent's capacity is in question (18-C M.R.S.
6HearingThe respondent has the right to attend the hearing, be represented, present evidence, and cross-examine witnesses (18-C M.R.S.
7Order of appointmentThe court appoints a guardian only on clear and convincing evidence and grants only the powers the person's demonstrated needs require, preferring a limited guardianship or a less restrictive arrangement (18-C M.R.S.
8Letters of guardianshipThe court issues letters of office that prove the guardian's authority to act.
How long it takes
Most uncontested Maine guardianship cases are decided within about 2 to 4 months of filing; contested cases take longer.
- Emergency guardianship
- Up to 60 days, extendable once by up to 120 additional days
- Uncontested appointment
- 2 to 4 months
- Contested case
- 4 to 12+ months
- Planning documents
- A power of attorney or advance directive can be signed in a few weeks
Alternatives to consider before guardianship
Durable Power of Attorney
Financial and property decisions. The person names their own agent while they still have capacity, and the authority survives incapacity, so no court case is needed.
18-C M.R.S. §5-901 et seq. (Maine Uniform Power of Attorney Act)
Advance Health-Care Directive
Medical and treatment decisions, including naming a health-care agent. The person chooses their own health-care agent and states treatment wishes in advance, avoiding a guardianship over medical choices.
18-C M.R.S. §5-801 et seq. (Uniform Health Care Decisions Act)
Supported decision-making
Help understanding information and communicating decisions. The person keeps full legal decision-making authority with help from trusted supporters. Maine courts must weigh it before ordering guardianship.
18-C M.R.S. §5-301
Protective arrangement instead of guardianship
A single court order authorizing specific transactions or protections. The court solves one defined problem, such as a housing move or a medical treatment, without appointing a full guardian and removing broad rights.
18-C M.R.S. §5-502
Revocable Living Trust
Assets placed in the trust. A named successor trustee manages the assets without a court case if the person becomes incapacitated.
18-B M.R.S. (Maine Uniform Trust Code)
Representative Payee
Social Security and similar government benefit income. A payee manages only the benefit checks, a narrow scope handled through the agency with no court involvement.
42 U.S.C. §405 (federal law)
Planning ahead: naming a guardian in advance
Naming a guardian in advance: Maine lets you plan ahead so a court is more likely to honor your choices. A parent may appoint a guardian for a minor child by will or other signed writing (18-C M.R.S. §5-202), and an adult may nominate a future guardian for themselves, including in a durable power of attorney, which the court gives first priority when appointing an adult guardian (18-C M.R.S. §5-309).
Guardianship costs
- Guardian nomination in will
- Included in will preparation costs
- Separate nomination document
- $150 - $400 (attorney-drafted)
- Court filing fee
- $90 to petition for a guardian or a conservator, $115 for a joined guardian-and-conservator petition (18-C M.R.S. §1-602)
- Attorney fees for proceeding
- $2,500 - $7,500+
- Court appointed visitor or attorney
- $500 - $2,500
- Professional evaluation
- $500 - $2,000
- Conservator bond premium
- 0.5% - 1% of estate value annually
- Annual reporting costs
- $1,000 - $2,500 per year (professional conservator)
Costs vary by county and case. Verify current court fees with the local court.
Frequently asked questions
What is guardianship in Maine?
What are the alternatives to guardianship in Maine?
How long does the Maine guardianship process take?
Do I need a lawyer to file for guardianship in Maine?
Guardian vs. conservator in Maine: what is the difference?
Statutes and sourcesOfficial references used for this page
- 18-C M.R.S. Article 5 - Maine Uniform Guardianship, Conservatorship and Protective Proceedings Act (section index)
- 18-C M.R.S. §5-201 - Appointment and status of guardian (minor)
- 18-C M.R.S. §5-202 - Parental appointment of guardian
- 18-C M.R.S. §5-203 - Objection by minor or others to parental appointment
- 18-C M.R.S. §5-204 - Judicial appointment of guardian for minor; conditions
- 18-C M.R.S. §5-301 - Basis for appointment of guardian for adult
- 18-C M.R.S. §5-309 - Who may be guardian of adult; priorities
- 18-C M.R.S. §5-312 - Emergency guardian
- 18-C M.R.S. §5-401 - Basis for appointment of conservator
- 18-C M.R.S. §5-413 - Emergency conservator
- 18-C M.R.S. §5-502 - Basis for protective arrangements instead of guardianship for adult
- 18-C M.R.S. §5-127 - Delegation by parent or guardian
- 18-C M.R.S. §1-602 - Filing and certification fees
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Information current as of July 21, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Maine can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.