No such proceeding

Generally

Adult protective services can only be provided if the adult consents, but the department may pursue guardianship or conservatorship through the Probate Code.

Services can only be provided with consent

If a determination is made “that an incapacitated or dependent adult is in need of protective services, the department shall immediately provide or arrange for protective services, provided that the adult consents.” Me. Rev. Stat. Ann. tit. 22, § 3481. If the adult does not give consent or if they withdraw consent, no services may be provided. Id. at (1).

Separate proceedings in Probate Court authorized

If the adult consents to services but their guardian, conservator, or caretaker interferes, the department may pursue matters in probate court.

If the adult has consented to services, but the adult’s guardian or conservator refuses to allow access to the adult, “the department may petition the Probate Court for removal of the guardian pursuant to Title 18C, section 5-319 or for removal of the conservator pursuant to Title 18-C, section 5-430.” Id. at (2). 

Alternatively, if “a caretaker or guardian of an incapacitated adult who consents to the receipt of protective services refuses to allow those services to be provided…, the department may petition the Probate Court for temporary guardianship pursuant to Title 18-C, sections 5-124 and 5-312 or for a protective arrangement pursuant to Title 18-C, section 5-501.” Id.

If the department determines that an adult needs services but lacks the capacity to consent, it may petition the Probate Court for guardianship of conservatorship.

Finally, Me. Rev. Stat. Ann. tit. 22, § 3482 authorizes the department to pursue a petition for guardianship or conservatorship “[i]f the department reasonably determines that an incapacitated adult is being abused, neglected or exploited and lacks capacity to consent to protective services[.]”

To learn more about the right to counsel in these matters, see Maine, Legislation, Guardianship/Conservatorship of Adults – Protected Person.