§5-405. Notice

Link to law: http://legislature.maine.gov/legis/statutes/18-A/title18-Asec5-405.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
§5-405. Notice








(a). 
 
On a petition for appointment of a conservator or other protective order or on a
petition under section 5-416, the person to be protected or the protected person must
be served personally with notice of the proceeding at least 14 days before the date
of the hearing. Waiver by the person to be protected or the protected person is not
effective unless he attends the hearing or, unless minority is the reason for the
proceeding, waiver is confirmed in an interview with the visitor. The court may order
that the petition and hearing notice be served by the visitor.


[
1985, c. 656, §3 (RPR)
.]








(a-1). 
 
The spouse or domestic partner and all adult children of the person to be protected
or the protected person or, if none, the person's parents or closest adult relative
or, if none, a friend must be given notice of the proceeding. Notice under this subsection
must be served by certified mail, restricted delivery and return receipt requested,
at least 14 days before the date of the hearing.


If the certified mail to the spouse or domestic partner is not delivered and that
person can be found within the State, notice must be served personally on that person.



If the certified mail to the spouse or domestic partner is not delivered, that person
can not be found within the State and the certified mail is not delivered to any adult
children, notice must be served personally on an adult child who can be found within
the State.


If notice is served on the person's parents or closest adult relative and the certified
mail is not delivered, notice must be served personally on a parent or the adult relative
if a parent or adult relative can be found within the State.


If notice is served on the person's friend and the certified mail is not delivered,
notice must be served personally on the friend if the friend can be found within the
State.


Except as otherwise provided in this subsection and subsection (a), notice must be
given as prescribed by court rule under section 1-401.


[
2003, c. 672, §14 (AMD)
.]








(b). 
 
Notice of a petition for appointment of a conservator or other initial protective
order, and of any subsequent hearing, must be given to any person who has filed a
request for notice under section 5-406 and to interested persons and other persons
as the court may direct. Except as otherwise provided in subsections (a) and (a-1),
notice shall be given as prescribed by court rule under section 1-401.


[
1985, c. 656, §5 (AMD)
.]





SECTION HISTORY

1979, c. 540, §1 (NEW).
1985, c. 440, §§7,13 (AMD).
1985, c. 656, §§3-5 (AMD).
2003, c. 672, §14 (AMD).