{"data":{"id":"us-me/18-c-m.r.s.-5-126","jurisdiction":"us-me","citation":"18-C M.R.S. §5-126","heading":"Grievance against guardian or conservator","body":"1.  File a grievance with the court.  An individual who is subject to guardianship or conservatorship, or a person interested in the welfare of an individual subject to guardianship or conservatorship, who reasonably believes a guardian or conservator is breaching the guardian's or conservator's fiduciary duty or otherwise acting in a manner inconsistent with this Act may file a grievance with the court.  The grievance must be in writing or another record.\n2.  Procedure upon receiving grievance.  Subject to subsection 3, after receiving a grievance under subsection 1, the court:\nA.  Shall review the grievance and, if necessary to determine the appropriate response to the grievance, court records related to the guardianship or conservatorship;\nB.  Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that:\n(1)  Removal of the guardian and appointment of a successor may be appropriate in accordance with section 5‑318;\n(2)  Termination or modification of the guardianship may be appropriate under section 5‑319;\n(3)  Removal of the conservator and appointment of a successor may be appropriate under section 5‑430;\n(4)  Termination or modification of the conservatorship may be appropriate under section 5‑431; and\nC.  May take any action supported by the grievance and record, including:\n(1)  Ordering the guardian or conservator to provide to the court a report, accounting, inventory, updated plan or other information;\n(2)  Appointing a guardian ad litem;\n(3)  Appointing an attorney for the individual subject to guardianship or conservatorship; or\n(4)  Scheduling a hearing.\n3.  Similar grievance filed within 6 months.  The court may decline to proceed under subsection 2 if a similar grievance was made within the preceding 6 months and the court followed the procedures of subsection 2 in considering the grievance.","path":["TITLE 18-C: PROBATE CODE","PART 1: GENERAL PROVISIONS"],"source_url":"https://legislature.maine.gov/statutes/18-C/title18-Csec5-126.html","current_through":"October 1, 2025","vintage":"","retrieved_at":"2026-09-04T15:12:29Z","sha256":"55c22b68a5daaa5994ee5bf983fc1e0fa962d3bc560fcefcc24735e17f74935e","source_id":"us-me","stale":false,"prev":"us-me/18-c-m.r.s.-5-125","next":"us-me/18-c-m.r.s.-5-127"},"notice":"GroundRules: Original legal text. Not legal advice."}