Press Release: Disability Rights Maine Releases Report on the State of Guardianship in Maine

by Julia Endicott | Oct 16, 2024 | Alternatives to Guardianship & Supported Decision-Making, Press Releases

CONTACT:  Julia Endicott
978-877-3871
jendicott@drme.org 

FOR IMMEDIATE RELEASE

October 16, 2024

Disability Rights Maine Releases Report on the State of Guardianship in Maine

Augusta – Today, Disability Rights Maine released a report, Overprotected and Underrepresented: An Analysis of Adult Guardianship in Maine, which provides an overview of Maine’s current guardianship system.

This report, the first of its kind in Maine, synthesizes three years of guardianship data across Maine’s independent probate courts. This data is not otherwise tracked or analyzed, which for years hindered understanding of the scope and use of guardianship. DRM collected information on over 2,200 cases involving adult guardianship, and this report looks at how many cases resulted in the appointment of a guardian, the type of guardianship, the age of the adult, and whether the adult had an attorney to advocate for their interests and represent them in the guardianship proceeding.

In 2019, Maine overhauled the Probate Code and adopted a model law that imagined the appointment of an attorney in almost every guardianship case. Unfortunately, however, the data DRM collected over the three-year period showed that in more than 75% of cases, adults for whom guardianship was sought did not have attorneys. When the individual had a developmental disability, that number increased to 90%. “Disability Rights Maine has been working on guardianship reform for 20 years and although we have had significant success, this report highlights how much more we have to do,” said Kim Moody, Executive Director. “It is unacceptable that 90% of people with labels of intellectual or developmental disability who are facing the removal of their basic rights, are not appointed a lawyer to represent them. We must fix this.”

Maine people experience guardianship at nearly twice the rate of the national average, often starting when a young person turns 18. More than 90% of individuals under 21 had no attorney, and more than 90% were subsequently placed under guardianship.

“No person should have to face a complex legal proceeding without the aid of an attorney, especially when it affects their fundamental right to control their own life. Our analysis showed that when people had attorneys, less restrictive alternatives to full guardianship were far more likely to be implemented. Maine continues to show an overreliance on the use of guardianship, despite changes to the law,” said Legal Director, Lauren Wille.

“Maine must do a better job to educate families and schools that guardianship is not the only option to support their young adult into adulthood. Probate courts must do better in ensuring that people are provided the zealous advocacy they are entitled to. Many families may not fully understand the long-term implications of guardianship for their loved one.  An attorney can play a crucial role in helping to clarify these complexities and exploring less restrictive alternatives that prioritize the individual’s rights and independence. It’s much easier to prevent a guardianship in the first place, than reverse it,” said Senior Managing Attorney, Staci Converse.

The updated Probate Code was necessary to uphold the rights of people with disabilities, but this recent data shows us that it was not enough to drive the change that was intended.  People facing guardianship proceedings must be appointed lawyers to represent their interests and the courts must consider alternatives to full guardianship.

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Disability Rights Maine is Maine’s Protection & Advocacy organization. Our mission is to advance justice and equality by enforcing rights and expanding opportunities for people with disabilities in Maine.