Report finds most Maine adults considered for legal guardianship don't have legal representation

By Patty Wight

Most adults in Maine who are considered for legal guardianship don't have an attorney to represent them. That's the finding of a first-of-its kind report from Disability Rights Maine.

The non-profit advocacy group evaluated more than 2,200 adult guardianship cases from 2019-2021, and found that roughly three out of four adults lacked legal representation. And among those with developmental disabilities, the rate was even higher — 90 %.

Lauren Wille, legal director at Disability Rights, said under guardianship, individuals lose their right to make decisions on housing, jobs, medical care, and finances. And she said Maine has become overly reliant on its use.

"That is why an attorney is really, really helpful," Wille said. "Part of what our report showed is that the outcomes for when people had attorneys versus when they didn't were very, very different. Starkly different, less restrictive alternatives."

Wille said Maine showed leadership in 2018 when it enacted a law that emphasized guardianship should be considered a last resort. She said the study shows that more must be done to ensure people in these cases know they have a right to a court-appointed attorney.

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Report finds most Maine adults considered for legal guardianship don't have legal representation