§5-117. Disclosure of bankruptcy or criminal history
1. Disclosure; petition. As part of the petition to be appointed a guardian or conservator, the petitioner shall disclose to the court whether the proposed guardian or conservator:
A. Is or has been a debtor in a bankruptcy, insolvency or receivership proceeding; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Has been convicted of:
(1) A felony;
(2) A crime involving dishonesty, neglect, violence or use of physical force; or
(3) Any other crime relevant to the functions the individual would assume as guardian or conservator. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2019, c. 417, Pt. A, §13 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Agent; convictions; approval. A guardian or conservator may not engage an agent the guardian or conservator knows has been convicted of a felony, a crime involving dishonesty, neglect, violence or use of physical force or any other crime relevant to the functions the agent is being engaged to perform promptly without prior approval of the court.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Finances manager agent; debtor; disclosure. If a conservator engages or anticipates engaging an agent to manage finances of the individual subject to conservatorship and knows the agent is or has been a debtor in a bankruptcy, insolvency or receivership proceeding, the conservator promptly shall disclose that knowledge to the court.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. A, §13 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS
18-C §5-103. Facility of transfer
18-C §5-104. Subject matter jurisdiction
18-C §5-105. Transfer of proceeding
18-C §5-107. Practice in court
18-C §5-108. Letters of office
18-C §5-109. Effect of acceptance of appointment
18-C §5-110. Coguardian; coconservator
18-C §5-111. Judicial appointment of successor guardian or successor conservator
18-C §5-112. Effect of death, removal or resignation of guardian or conservator
18-C §5-113. Notice of hearing
18-C §5-115. Guardian ad litem
18-C §5-116. Request for notice
18-C §5-117. Disclosure of bankruptcy or criminal history
18-C §5-118. Multiple appointments or nominations
18-C §5-119. Compensation and expenses; in general
18-C §5-121. Petition after appointment for instructions or ratification
18-C §5-122. Third-party acceptance of authority of guardian or conservator
18-C §5-123. Use of agent by guardian or conservator
18-C §5-124. Temporary substitute guardian or conservator
18-C §5-125. Registration of order; effect