Report finds counsel infrequently appointed in guardianship cases despite RTC

Despite the fact that Maine law requires the appointment of counsel for the respondent in guardianship cases when requested by the respondent, recommended by the visitor, and in any case where the respondent seeks to contest the guardianship, a 2024 report by Disability Rights Maine found that 75% of respondents were not appointed counsel from 2019-2021.  The lack of counsel was significant: the report found that

Most cases, over 77% overall, resulted in the appointment of a guardian, and of those appointments, over 90% were full guardianships. For individuals with developmental disabilities, the rates were even more extreme. Over 90% went without legal representation, and over 90% of cases resulted in appointments of guardians.

Conversely, the presence of an attorney made a big difference.   The report found that

In 2021, for example, when the Respondent had an attorney, the rate of appointment of a full guardianship dropped 20 percentage points, from 76% to only 56%. When the Respondent had an attorney, 33% of cases resulted in no guardianship at all, compared with 21% when there was no attorney. And, when guardianships were ordered, the rate at which they were full guardianships went from almost 96% down to 84% when there was an attorney. These drastic differences are comparable to 2019 and 2020.

The report’s release was covered by the Maine Monitor.