In this Thursday, April 12, 2018, photo, the Maine Supreme Court sits during a hearing in Portland, Maine.
The Maine Supreme Court has ruled that people in guardianships or conservatorships have a right to effective legal counsel.
The
ruling involves the case of a disabled man who sought to terminate his
guardianship and alleged his attorney was ineffective. Cumberland County
Probate Court denied the man's petition and he appealed to the supreme
court.
Lauren Wille, Legal Director for Disability Rights Maine, said the
ruling acknowledges the rights of people that have been denied in the
past.
"So the court is specifically and explicitly finding that
counsel has to be effective, and they're laying out a process by which
people under guardianship or conservatorship can challenge the
effectiveness of their counsel," Wille said.
Disability Rights
Maine did an analysis of guardianship and conservatorship cases between
2019 and 2021 and found that about 75% of those clients were not
represented by legal counsel.
Hancock County’s probate judge faced his fourth contempt order on
Tuesday, risking a 90-day jail sentence, after failing again to pay
child support to his ex-wife.Report Ad
William Blaisdell IV was given until 6 p.m. April 28 to pay $8,396 to
his ex-wife in overdue child support payments. If he paid the full
amount, Blaisdell could forego jail time, according to the Waldo County
District Court contempt order.
Blaisdell, who has been representing himself in his divorce, paid
$8,396 by Tuesday evening’s deadline to forgo jail time, according to
Christopher MacLean, the lawyer for Blaisdell’s ex-wife.
He did not, however, pay an additional $8,304 in fines and attorney
fees, MacLean said. Because those payments related to more recent court
orders and not the $8,396 he already owed, Blaisdell couldn’t be jailed
Tuesday for failing to pay them, though he could end up facing yet
another contempt order because of it, MacLean said.
Maine District Judge John Martin said the contempt order will remain
in effect until June 30, 2029, noting Blaisdell’s “ongoing pattern of
willful disobedience of court orders,” according to court documents.
Blaisdell’s divorce is being handled in Waldo County because of his
connections with the legal and justice system in Hancock County, where
he has long had his own law practice.
Blaisdell, who faced an arrest warrant last month after he missed a contempt hearing, turned himself in
at the Hancock County jail in mid-March. He was later released after
posting $16,929 bail — the amount of child support he owed at the time.
“His selective payment of obligations, while ignoring court-ordered
support, demonstrates an intentional prioritization of his own
preferences over his legal obligations,” the April 28 contempt order
says. “This conduct constitutes not mere neglect, but a knowing and
ongoing defiance of the Court’s orders.”
Blaisdell is still listed on Hancock County’s official website as the
county’s elected probate judge, though he’s been suspended both from
practicing law and from serving on the bench. In his absence, Hancock
County’s probate cases have been overseen by other part-time judges from
nearby counties.
He has faced four contempt orders stemming from his 2019 divorce.
In early April, a Waldo County judge found that Blaisdell perjured
himself during sworn testimony about his finances. Blaisdell testified
in October 2025 that his depleted brokerage accounts left him unable to
pay child support, though his financial statements later showed he had
more than $510,000 in savings.
Waldo County’s top prosecutor Natasha Irving said earlier this month her office was
at the “very beginning stages” of reviewing the case. If Blaisdell is
charged and then convicted of criminal perjury, he could face up to 5
years of incarceration and a $5,000 fine.
HANCOCK
COUNTY—Waldo County’s top prosecutor may charge Hancock County’s
suspended probate judge with criminal perjury after he lied under oath
in October.
Earlier this month, a Waldo County judge
found that William B. Blaisdell IV, who has faced multiple contempt
hearings over overdue child support payments to his ex-wife, perjured
himself during his sworn testimony about his finances, according to
court documents.
Natasha Irving — district attorney for
Waldo, Knox, Lincoln and Sagadahoc counties — said her office is at the
“very beginning stages” of reviewing the case. Irving said she was in
contact with the Attorney General’s Office, who oversees child support
matters through the state’s Department of Health and Human Services.
Blaisdell’s divorce is being handled in Waldo County because of his role as a probate judge in Hancock County.
If Irving’s office does prosecute
Blaisdell, he would be facing his first criminal charge; all of his
divorce proceedings have been civil matters.
Criminal
perjury, a charge brought by a prosecutor, carries a higher burden of
proof than a family court factual finding: prosecutors must prove beyond
a reasonable doubt that the person knowingly lied under oath.
Perjury is a Class C felony and is punishable by up to five years of incarceration and a $5,000 fine.
A Waldo County judge wrote on April 2 that
Blaisdell committed perjury when he testified on Oct. 29, 2025, about
his depleted brokerage accounts, which he claimed left him unable to pay
child support.
Just two days after his sworn testimony,
Blaisdell, under a court order, provided his ex-wife’s lawyer with
copies of his financial statements, showing he had $166,291 in his
Charles Schwab brokerage account and $344,080 in a separate IRA account,
according to court documents.
The
court found that Blaisdell’s perjured testimony was “an attempt to
avoid a suspended thirty-day jail sentence” for being found in contempt
of court for not complying with the court’s child support orders.
The court said Blaisdell had a “history of
noncompliance,” a “pattern of satisfying outstanding obligations only
at the last moment to avoid jail sanctions” and has made “continued
attempts to manipulate the Court,” according to an order on the court’s
findings.
John Brautigam is executive director of Legal Services for Maine
Elders. James Haddow is a Maine attorney in private practice who has
handled contested guardianships and other probate matters for decades.
Probate court judges address some of the most personal and
consequential legal matters for Mainers: Who can make life choices for
you if you cannot, who can manage your money, and what happens to a
family home after a death. Most of us hope never to need to have a judge
answer such questions. Many of us will.
Consider an older Mainer whose memory is failing. One child is trying
to keep her safe at home. Another worries that bills are going unpaid
and that she is being pressured to sign documents she does not
understand. A guardianship case is filed so the court can decide whether
someone should be appointed to make decisions on her behalf. In a
system built for speedy, consistent, and impartial justice, the court
would promptly schedule a hearing, appoint counsel to represent her if
appropriate, and the probate judge would make a clear unbiased decision
that protects her rights while addressing her urgent needs.
Unfortunately, while such decisions may be clear, there is no guarantee that they are free from judicial bias.
Maine still runs probate as it did in 1855: as 16 separate county
courts, each with its own probate judge. Probate judgeships are
generally part-time and
filled by county-based elections. All other Maine judges are appointed
subject to a vigorous screening process that involves a public
legislative hearing and state Senate confirmation. And they also receive
required judicial training that is not available to probate judges.
Probate judges are also exempt from the judicial ethical rules that
prohibit all other judges from practicing law. Even when everyone
involved acts in good faith, this structure can create the appearance of
bias or conflicts and can undermine public confidence in judicial
decisions. The roles of attorney and judge are vastly different and
inconsistent: one must fulfill a duty to clients, and the other is
strictly bound to serve the public interest.
Guardianship and conservatorship cases are especially high stakes.
They can take away a person’s authority over where they live, what care
they receive, and how their money is spent. In many cases, respondents
appear without counsel, even when appointment may be required or
available.
Maine has known for decades that the probate structure needs modernization. In 1967, Maine voters approved a
constitutional amendment that directed the Legislature to replace the
county-based probate system with a different system with full-time
judges. Multiple studies and commissions have
returned to the same conclusion: probate adjudication should be brought
into the state judicial branch, with full-time judges, consistent
procedures, and the administrative support that comes with being part of
a unified court system.
This does not mean scrapping what works. Registers of probate perform
important local functions and over the years probate code changes have
given them increased powers. They now may fully process informal cases
like the probate of an uncontested will without need of a judge’s
involvement. Reform should preserve those roles.
The change that matters most addresses who decides cases that
determine rights and responsibilities. Probate judging should operate
like other judging in Maine: full-time, accountable, and insulated from
the pressures that come with elections and private practice.
We are two attorneys who understand the high stakes of probate
matters from different vantage points: legal aid and private practice.
We have seen families arrive in crisis, confused by process and
frightened by delay. We have also seen how a well-run hearing, with
clear rules and meaningful representation, can protect a vulnerable
person while reducing conflict among relatives. Updating this structure
is desperately needed to ensure a fair, timely, and consistent process.
A bill this session, LD 1766,
would move probate adjudication into the judicial branch and create
full-time judgeships. This change is long overdue. Maine’s probate
courts should be modern courts, not a patchwork where lawyers serve as
judges in their spare time.
Equal justice under the law is not a slogan. In probate, it is the
difference between dignity and chaos for people at the most vulnerable
moments of their lives.
The victim was taken to the hospital Saturday evening and the employee was charged
by Adam Bartow, Executive Producer and Jim Keithley, Reporter
HERMON, Maine — A person from Bangor who works at a residential group home in Hermon is accused of assaulting a resident at that home.
The
Penobscot County Sheriff's Office was called to the home at about 4:50
p.m. on Saturday. When deputies arrived, they determined that the victim
needed to be taken to the hospital.
After an investigation, Innocent Muzungu, 26, of Bangor, was charged
with intentionally endangering the welfare of a dependent person (Class C
felony), misdemeanor assault, and obstructing the report of a crime
(Class D misdemeanor).
Muzungu was taken to the Penobscot County Jail.
Waterville
resident Leta Miller said when she heard about the assault, she
immediately thought of her uncle, who lives in a different group home in
Hermon.
Miller said she called her uncle's caregiver when she heard the news.
"I said: 'Is everything okay? What's going on? Are you safe? Is my
uncle safe?' And she came back with: 'It wasn't this house.' She
stressed that, 'It wasn't this house,' and she said my uncle was safe,"
Miller said.
Miller said she only gets to speak to her uncle once a week over the phone. She is currently fighting for guardianship.
"He gave me away at my wedding," Miller said. "I miss him so much."
It is unclear whether the group home resident who was assaulted remained hospitalized on Monday.
The Sheriff's Office said it was still investigating the incident.
Maine's
Total Coverage contacted the company that authorities said manages the
group home where the alleged assault occurred. The company said it has
no comment at this time.
RUMFORD,
Maine (WMTW) - A Maine woman is facing multiple charges in connection
with allegations of elder abuse and financial exploitation involving a
family member, according to authorities.
Police
said Gardner served as the primary caretaker for an elderly family
member and over the course of two weeks, they conducted an investigation
with the help of Maine Adult Protective Services, the victim’s
financial institution and Rumford Hospital.
According
to police, the investigation revealed Gardner diverted more than $1,000
from the elderly family member for her personal benefit.
Gardner
also used her family member’s debit card multiple times without
authorization, including while the family member was hospitalized,
police said.
Police
also said Gardner restricted the family member’s access to outside
contact, including limiting cellphone use and communication with others.
The
Rumford Police Department said Gardner was arrested before the
investigation was fully completed due to concerns for the family
member’s welfare and the apparent scope of the exploitation.
Gardner
has been charged with endangering the welfare of a dependent person and
theft by unauthorized taking or transfer, which are both Class C
felonies, as well as a Class D misdemeanor of misuse of identification.
Police
said Gardner was held at the Oxford County Jail on $1,000 cash bail.
She has since been arraigned and released pending trial, with a court
order prohibiting further contact with the family member.
The
investigation remains active and police said additional charges against
Gardner and other potential co-conspirators are possible as
investigators continue to uncover further evidence of exploitation and
theft.
Anyone
who believes they are a victim of such crimes, or who suspects someone
they know may be, is asked to call the Rumford Police Department at
207-364-4551 or Maine Adult Protective Services at 1-800-624-8404.
Hancock County’s elected probate judge has been suspended from the bench for the second time in the past year.
William B. Blaisdell IV, who has held the part-time position for the
past 10 years, has been barred from presiding over the county’s probate
cases for a year. The suspension was ordered by the Maine Supreme Judicial Court on Wednesday, April 16.
The latest suspension for Blaisdell comes after he has been found at
fault by multiple judges for failing to live up to court-ordered
obligations related to his 2019 divorce.
His second suspension from the bench — after having been suspended for four months last fall — comes nine days after his law license was suspended for
a full year, following an investigation by the Maine Board of Overseers
of the Bar, which regulates the conduct of licensed lawyers in the
state. In addition to working part-time as a probate judge, Blaisdell
has maintained a private law practice.
In Wednesday’s suspension order, justices on the state’s top court
noted that probate judges must be admitted to practice law in the state
of Maine and, with his law license under suspension, Blaisdell is
ineligible to serve on the bench. Blaisdell, 55, is an Ellsworth
resident.
His suspension as a probate judge shall remain in effect for eight
months “or until he is reinstated as an attorney in good standing
eligible to practice law in the state of Maine, whichever is later,” the
justices wrote.
County officials have said that state law allows them to arrange to
have another probate judge in Maine come to Hancock County to preside
over cases while Blaisdell is suspended. Probate judges make rulings on
family-related legal matters such as estates, guardianships and name
changes.
Blaisdell has come under public scrutiny in the past year after first
being found in contempt of court in Waldo County for not following
court orders related to his divorce settlement. In March 2024, a judge
presiding over his divorce agreement castigated Blaisdell for
not paying nearly $50,000 to his ex-wife in child support and attorneys
fees, and for not filing federal or state income tax returns for at
least three years.
As a result of that contempt order, the overseers reached an
agreement to suspend Blaisdell for a year, but that suspension was put
on hold as long as Blaisdell met certain conditions. Part of those
conditions were that he file and make needed payments on his overdue tax
returns within 90 days, and that he promptly and fully comply with all
court orders, including those related to his divorce.
Separately from that decision — as a result of a parallel inquiry into the same circumstances by the State Committee on Judicial Conduct — the state’s top court suspended Blaisdell last fall for four months from presiding over the county probate court.
“We view Judge Blaisdell’s misconduct as egregious and deserving of significant sanction,” the court wrote in its previous suspension order last
September. “Disobedience of a court order by anyone is serious, but
contempt of a court order by a sitting judge cannot be tolerated. We
cannot expect the public to have respect and confidence in our courts
when a judge himself flouts court orders.”
Since returning to the bench earlier this year, however, Blaisdell
again failed to live up to the terms of his divorce. A second judge
presiding in Waldo County in February again held him in contempt of
court for not paying $17,000 in overdue child support and attorney’s
fees to his ex-wife. The $17,000 he owed two months ago was in addition
to the previous $50,000 he had not paid as of March 2024.
During a call with state officials last month about the overseers’
most recent petition, Blaisdell acknowledged that he was not up to date
on filing and making payments on his overdue tax returns from recent
years, or with filing proof of that compliance with the Overseers of the
Bar, according to an order signed last month by Justice James
Martemucci.
Over the past 14 months, Blaisdell has not responded to numerous
emails or voice mails from the Bangor Daily News seeking comment about
the multiple court orders against him and investigations into his
conduct.
Blaisdell has served as Hancock County’s probate judge since first being elected to the position in 2014. Four years later, he narrowly won re-election in 2018 against
Lynne Williams, a lawyer from Bar Harbor who went on to serve in the
Maine House of Representatives before her law license was suspended in January for alleged misconduct.
Blaisdell was re-elected as probate judge without opposition in 2022.
He will be up for re-election to the position next year and, so far, no
one has filed paperwork to run against him, according to campaign
filings posted on the Maine Ethics Commission website.
William Blaisdell has until April 1 to show he has paid his taxes, or else he risks a one-year suspension from practicing law.
by Emily Allen
A Hancock County probate judge is again at risk of losing his ability to practice law because he has not paid his taxes.
William Blaisdell was sanctioned by the Maine Board of Overseers of the Bar last year
for failing to file several years of taxes. He was also found in
contempt for refusing to make court-ordered child support payments,
according to court records.
Blaisdell also admitted last year
to demonstrating “a serious lack of diligence” in representing one of
his criminally charged clients, who said he spent months behind bars
waiting for Blaisdell to argue for new bail conditions.
Under an agreement with the bar in August, Blaisdell promised to make
good on his payments and to comply with the law. He also consented to
be monitored for a year by another attorney, and risked a one-year
suspension if he violated any of these terms.
Blaisdell admitted last week to Superior Justice James Martemucci
that he has failed to comply with those conditions, according to an
order signed March 11.
Martemucci is giving Blaisdell until April 1 to “become current with
all tax filings and payments and provide proof of compliance to Bar
Counsel.”
Blaisdell did not respond to a request to discuss Martemucci’s order on Monday.
The order says nothing of Blaisdell’s position as a probate judge. He
was previously suspended from presiding over cases for three months and
was allowed to return in January.
Hancock County Registrar of Probate Juliette Wilbur said she could
not comment on whether Blaisdell returned and if he’s allowed to oversee
cases. She said the office is still considering informal probate
matters as it always had.
Neither does the March 11 order address Blaisdell’s child support payments. Blaisdell was most recently ordered to pay more than $17,000 in overdue payments and attorney fees, the Ellsworth American reported Wednesday.
It's a weekday morning, and Charlee Beaulieu slides into the driver's seat of a car and buckles in.
She
needs to get to her job as a cashier at a grocery store in Ellsworth.
She's learning to drive, so her best friend's mom, Lisa Cloutier, offers
gentle guidance from the passenger's seat.
"Remember, step on the brake and then the gas," Cloutier says.
Driving,
having a job: these are milestones that some may take for granted. But
not Beaulieu. She's 25 and has a developmental disability. And until
recently, she was under the guardianship of her adoptive mother.
"She was afraid that if I went out on my own, I would be homeless,"
Beaulieu says. "She was really concerned about, like, predators and
stuff."
The state's guardianship system is intended to protect
vulnerable Mainers from potential danger and abuse. But a recent study
found that most people in Maine who are considered for guardianship
don't have legal representation during the process.
After
Beaulieu turned 18, she continued to live at home with her adoptive
parents. And while guardianship can be a bridge toward independence, she
says she wasn't allowed to get a job, cook for herself, do laundry, or
even decide when to go to bed.
"I thought this was going to be my life going forward," she says. "I didn't think there was a way out of it."
Patty Wight: "Even though you didn't want it, did you know you could have an attorney? Did you have an attorney?"
Charlee Beaulieu: "I didn't know I was able to have an attorney. I didn't have any legal counseling at all."
Beaulieu
is not alone, according to Lauren Wille, legal director at Disability
Rights Maine. She said the advocacy organization has represented dozens
of people in guardianship cases.
"And I cannot think of an example of a person who had come under guardianship that was represented by an attorney," Wille said.
There
are no statewide data that track the number of adults under
guardianship. But Disability Rights recently issued a report that
examined more than 2,000 cases over three years. It found that 75% of
Mainers who go through the guardianship process have no legal
representation. For people with developmental disabilities, the rate is
90%. And Wille said there's another key finding.
"What stands out to me from the data is that attorneys really do make a difference in outcomes," she said.
'Outcomes'
in this case can mean less restrictive guardianship arrangements or no
guardian at all. But one attorney who works in the system questions the
report's findings.
"Unfortunately, I find the conclusions quite flawed," attorney Bruce Williams said.
Williams
is based in Augusta, and occasionally represents the state in
guardianship cases. The report is flawed, he said, because it fails to
recognize that often, both parties agree that guardianship is needed.
When there's no conflict, Williams said, there's no need for an
attorney.
"The attorney is being appointed in cases where there
are doubts, where there are alternatives, where there are objections by
respondent," he said. "So the statute's actually working very well in
providing legal counsel for the respondents who need them."
Williams
also works as a court-appointed visitor. When a guardianship is first
considered he meets with each party and submits an evaluation. He says a
medical provider is also brought in.
"Where are the safeguards?"
he asked. "The visitor is one, the medical provider is another, and the
judge is a third. And in all of those situations, if it is believed by
these professionals that an attorney is necessary, the attorneys
appointed."
Several years ago, the Maine legislature passed a
first in the nation law that aimed to reform the guardianship system.
Cases are handled in county-run probate courts, and the law directs
those judges to treat guardianship as a last resort. The law also
envisioned, but did not mandate, that attorneys would be appointed in
most guardianship cases. But Kennebec County Probate Judge Libby
Mitchell said that expectation is unrealistic.
"I think the system would actually grind to a halt," Mitchell said.
There
aren't enough attorneys who will take these cases, she said, especially
in rural counties. The pay is low, and county budgets are tight. Even
so, Mitchell believes Maine's probate judges do what they can to prevent
unnecessary guardianship.
"We do not take this lightly," Mitchell said. "The last thing we want to do is to put anybody under guardianship."
But
Lauren Wille of Disability Rights Maine said it's not fair to expect
anyone to try to protect their own legal interests without the guidance
of an attorney.
"We are somehow accepting that they are consenting to the removal of all their fundamental rights," Wille said.
Charlee
Beaulieu said she eventually discovered through friends that she could
take steps to end her guardianship. She found her chance when her
adoptive parents left on vacation last year. She left home and moved in
to her best friend's house.
"I was very scared because I didn't
know what was going to happen," she said. "I didn't even know if this
was, like, an okay thing to do. Am I gonna get in trouble with the
court? All these questions are going through my head, and I'm just
scared."
Beaulieu called Disability Rights, which helped her
terminate her guardianship last May. Her adoptive mother didn't
challenge the petition, nor did she respond to requests for an
interview. Beaulieu continues to live with her best friend and her
family.
Patty Wight: "What is the most exciting thing about being on your own, being independent?"
Beaulieu:
"Being able to realize my capabilities for myself and to learn that I'm
a lot more capable than every one else thought I was."
Next year,
Beaulieu said she's going to Southern New Hampshire University. She
wants to become a social worker and help other people with intellectual
disabilities.
Most disabled adults in Maine who are assigned legal guardians to
take charge of their affairs are not represented by lawyers to protect
their interests during the process, according to a new report that calls
for reforms in the guardianship system.
In more than 2,000 cases over a three-year period, 75% of adults in
Maine for whom legal guardianship was sought were not represented by an
attorney, it says.
Disability Rights Maine collected information about 2,334 cases filed
with state’s probate courts between 2019-21 to produce a first-of-its
kind report on a complex legal system for vulnerable adults. The
organization’s legal director, Lauren Wille, said the findings were
striking and demonstrate the need for continued reforms.
“We had so much anecdotal information, but we really wanted to see
whether what we were seeing in anecdotes was reflected generally in
numbers,” Wille said. “In some ways, what we learned was not surprising
because I think even before I looked at a single docket, I would have
surmised that people largely go unrepresented.”
Adult guardianship is the legal process that gives someone authority
to make decisions for another person, often someone who is
intellectually or developmentally disabled. In most cases, it’s a parent
seeking guardianship of a child once they reach adulthood, but there
are many instances in which unrelated individuals are appointed
guardians by the state.
Under state law, guardianship is granted when a judge finds that an
individual is unable to “receive and evaluate information or make or
communicate decisions.” In the cases reviewed by Disability Rights
Maine, 77% resulted in the appointment of a legal guardian, which means
all financial and medical decisions are made by the guardian.
But the group found that when individuals were provided a lawyer, the
percentage of cases that resulted in guardianship dropped by as much as
15%.
“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,” said Staci Converse, the nonprofit’s senior managing
attorney. “Probate courts must do better in ensuring that people are
provided the zealous advocacy they are entitled to.”
A defendant is entitled to counsel in criminal cases, and is provided
with an attorney even if they can’t pay. In child protection cases, an
attorney is assigned specifically to advocate for the child.
Appointment of an attorney in guardianship cases, however, doesn’t
happen automatically. Someone must file a petition, but that doesn’t
always happen because individuals don’t know the resource is available
or don’t believe it is needed. Wille said some of that gap is likely
attributed to ableism – the false thinking that someone who is
incapacitated wouldn’t benefit from legal counsel.
Throughout Maine’s legal system, a persistent shortage of attorneys
made it difficult to secure representation in criminal and civil cases.
Wille said she assumes that shortage is impacting guardianship cases as
well.
In all three years studied, the rates in which individuals were
provided counsel and the rates in which guardianships were granted
remained consistent. There was, however, geographic disparity. For
instance, in Cumberland County, individuals were twice as likely to be
represented (29%) than in Oxford County (15%).
Maine’s probate code was rewritten in 2019, in part to better
enshrine the rights of disabled adults. The code now instructs probate
courts to consider less-restrictive alternatives – including something
called supported decision-making – before granting guardianship.
One year earlier, Joshua Strong, of Damariscotta, became the first adult in Maine
to have his guardianship dissolved in favor of something called
supported decision-making. It allowed Strong, who has autism spectrum
disorder and had been under the guardianship of his father, to be
legally in charge of all decisions – about financial matters, about
health care, about relationships.
The probate code also includes stronger language that says guardians
must promote self-determination and involve individuals in
decision-making, and created a mechanism for individuals to file
grievances.
Disability Rights Maine, the state’s designated protection and
advocacy agency, has highlighted in recent annual reports other cases
where its attorneys have intervened.
In one case, an adult named Cooper was compelled to move into a new
home by his guardian. Disability Rights Maine filed a grievance to stop
that from happening. It ultimately led to the dissolution of Cooper’s
guardianship.
In another, an individual named Lucy contacted Disability Rights
Maine because her guardian wasn’t allowing her to use food stamp
benefits. After a grievance was filed, Lucy’s right to control her own
benefits was affirmed.
But even with some recent improvements in the system, including
alternatives to guardianship, Wille said the data gathered for this
recent report indicates more needs to be done.
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.
William
Blaisdell answers questions from the Maine Supreme Judicial Court in
Portland on Tuesday. Blaisdell, a probate judge in Hancock County, was
accused of not paying child support or filing his taxes and faces
sanctions or removal. Brianna Soukup/Staff Photographer
The
registrar of Hancock County’s probate court says she doesn’t expect any
disruptions after the state supreme court suspended its lone judge for
four months because she had anticipated his removal.
Registrar
Juliette Wilbur said she quickly reached out to the Maine Associations
of Registrars of Probate in spring, as a judicial review committee was
recommending the Supreme Judicial Court discipline Judge William
Blaisdell for misconduct.
Now
that the high court has suspended him, probate judges from other
counties will step in to cover weekly hearings and the office will
continue processing all administrative claims that don’t require a
judge’s decision, Wilbur said.
Blaisdell, who has been Hancock County’s elected probate judge since 2015, was suspended on Sept. 17
after the supreme court found that he had not paid at least three
years’ worth of taxes and was withholding child support payments from
his ex-wife. He was admonished for both in rulings by two Belfast
district judges, one of whom reported him to the high court’s Judicial
Conduct Committee last September, according to court records.
To
“emphasize the gravity of the misconduct,” the court ordered Blaisdell
to forfeit $10,000 from his salary, an amount equivalent to four months
of his judicial pay. He also faces another eight months of suspension if
he commits any new misconduct.
Blaisdell has not resigned and is allowed to return to his position on Jan. 21, 2025. His term runs until 2026.
He did not respond Monday to a voicemail left with a number listed for his private law firm. Blaisdell was sanctioned by the Maine bar in August but is allowed to continue practicing law under supervision.
Probate
judges are elected every four years and serve part time in each Maine
county, handling petitions for adoptions, guardianships,
conservatorships, estates, trusts and other family matters. In Hancock
County, court hearings are held once a week, on Tuesdays. So even though
the court will be without its own probate judge until next year, she
expects it’ll be easy to get those cases covered.
“We
had an idea that this was coming, so it was imperative that we didn’t
have a backlog of undecided cases that the new interchange judges would
not have as much background on,” Wilbur said.
Hancock
County is on track to handle roughly 500 new cases this year, including
informal cases that are handled administratively without a judge, she
said. She works with three other clerks, one of whom is part time.
Catherine
Moore, who is registrar of probate in Lincoln County, says this process
for “interchange” judges is rarely invoked but it can also be used when
a probate judge is sick or otherwise unavailable.
“It’s just a rare thing and we’re lucky that other judges can step up and help,” Moore said.
PUBLIC CONFIDENCE
It’s highly unusual for a probate judge in Maine to be disciplined.
From
2016-22, the years for which data is readily available, the Judicial
Conduct Committee sent only eight complaints – lodged against a total of
six judges – to the Supreme Judicial Court. Among those disciplined was
former York County Probate Judge Robert Nadeau, who was suspended from the bench for 30 days in 2016 for repeatedly violating the Maine Judicial Code of Conduct. In 2017, Nadeau was suspended from practicing law for two years.
In
that same time, the committee dismissed nearly 650 such complaints,
according to an analysis of the committee’s annual reports.
The
committee’s request to the Maine Supreme Judicial Court earlier this
year was also unusually aggressive, compared to previous forms of
discipline. They called on the court to do whatever they could to strip Blaisdell of his judgeship.
The
court ultimately agreed that there was too much risk in attempting to
remove Blaisdell. The most it can do is request the Legislature impeach
him, and if lawmakers were to decide otherwise, it “may be viewed as an
abdication of our power, and indeed our obligation, to discipline judges
where warranted,” the justices wrote in their September ruling.
“We
cannot expect the public to have respect and confidence in our courts
when a judge himself flouts court orders,” their order states.
Wilbur
said that to her knowledge, there are no cases left undecided from
before Blaisdell’s suspension. If any come forward, they’ll be
prioritized.
But after learning about the allegations, one woman now questions if Blaisdell mismanaged her case.
Michelle
Gibson said she didn’t know of Blaisdell’s misconduct at the time he
was considering her case over her father’s estate, and only learned of
Blaisdell’s unpaid taxes and child support from recent news coverage.
In hindsight, Gibson said, Blaisdell was dismissive and seemed to rush through her case.
The
whole process – spending time and money to fix up her father’s house to
be sold and navigating the probate system without a lawyer – was
exhausting, she said. Sorting through his estate involved a lot of
uncomfortable interactions between Gibson and her siblings, all of whom
had just lost their father and had significant disagreements regarding
his estate.
“It’s
been very mentally draining to try and do everything and make sure I’m
finding the right paperwork, and making sure I’m doing the right thing,”
Gibson said.
Blaisdell
held hearings in February in April. Her siblings were notified, she
said, but not all of them showed up. So even though he approved her
petition to take over the estate, it didn’t address all of the issues
she raised, Gibson said.
Now
she is left wondering if Blaisdell was distracted by his personal
matters, and if he properly oversaw her case, given his misconduct.
“We
had a very unique case, and I just feel that when we were in there, I
don’t think he was giving it his full 100%,” she said. “I don’t think
that he knew the case. I think he had so much other stuff going on, that
he was hearing that stuff for the first time.”
William Blaisdell answers questions from the Maine Supreme Judicial Court in Portland in July. Brianna Soukup/Staff Photographer
Maine’s
highest court has ruled that an elected probate judge in Ellsworth will
be suspended for four months for failing to file three years’ worth of
taxes and pay tens of thousands of dollars in child support.
In a decision handed down Tuesday
by the Maine Supreme Judicial Court, justices said that the behavior of
William Blaisdell warranted public censure and imposed a one-year
suspension from judicial office, with all but four months suspended.
“We
view Judge Blaisdell’s misconduct as egregious and deserving of
significant sanction. Disobedience of a court order by anyone is
serious, but contempt of a court order by a sitting judge cannot be
tolerated. We cannot expect the public to have respect and confidence in
our courts when a judge himself flouts court orders,” justices said in
their ruling.
Blaisdell,
54, was found in contempt of court in Waldo County in March because he
was behind on more than $33,000 in child support payments to his
ex-wife. He had to pay her $50,000, including attorney fees and
interest, to avoid a 90-day jail sentence, according to court records.
He also has not filed at least three years of tax returns from 2020 to
2022, records state.
The
judicial committee began its investigation into Blaisdell after a
district judge in Belfast reported him to the committee and the Maine
Board of Overseers of the Bar. Blaisdell also runs his own law firm in
Ellsworth.
Blaisdell,
who has said he has no plans to resign, told the court he would like to
keep his judgeship. He said he’s been in office for a little more than
nine years, holding court for at least one day a week and earning
$30,000 yearly. His term ends in 2026.
Blaisdell appeared before the Maine Supreme Judicial Court
in Portland in July as the court’s Committee on Judicial Conduct
recommended he be removed from office in light of these failures.
Because he’s an elected official, only legislative authorities can
remove him, not the court.
The
justices said in their opinion that they understand suspending the only
probate judge in Hancock County imposes a hardship for the county and
other probate courts.
“A
partially suspended suspension would ameliorate that harm and provide a
means of monitoring Judge Blaisdell’s conduct. For those reasons, we
suspend all but four months of the one-year suspension, provided that
Judge Blaisdell complies with the conditions imposed in his bar
disciplinary matter,” they wrote.
It’s
not clear what will happen at the court while Blaisdell is on
suspension. Barbara Cardone, spokesperson for the Maine judicial branch,
said that decision was up to the individual court and said she was not
sure how Hancock County would decide to move forward.
Juliette
Wilbur, registrar of probate in Hancock County, did not respond by 7
p.m. to emailed questions about whether cases would be paused or whether
an interim probate judge would be appointed.
To
“emphasize the gravity of the misconduct,” the court ordered Blaisdell
to forfeit $10,000 from his salary, an amount equivalent to months of
his judicial pay.
Last month, the state Board of Overseers sanctioned Blaisdell,
and while he remains eligible to practice law, he must be monitored by
another lawyer – former district attorney Matthew Foster – under an
agreement with the board.
That
agreement also outlines allegations by a former client that he spent
months in jail while Blaisdell failed to act upon the client’s requests
for a motion to adjust his bail. That former client said he struggled to
contact Blaisdell, who had been appointed to the case.
Blaisdell
could not be reached for comment Tuesday. One phone number listed for
him in an online database had been disconnected; another rang several
times before reaching a voicemail inbox that was full.
From
2016 to 2022, the years for which data is readily available, the
Judicial Conduct Committee sent only eight complaints – lodged against a
total of six judges – to the Supreme Judicial Court. Among those
disciplined judges was former York County Probate Judge Robert Nadeau, who was suspended from the bench for 30 days in 2016. In 2017, Nadeau was suspended from practicing law for two years.
In
that same time, the committee dismissed nearly 650 such complaints,
according to an analysis of the committee’s annual reports.
Under an agreement with the Maine Board of Overseers of the Bar, William
Blaisdell is allowed to practice law but must be supervised by another
attorney. Maine's highest court is still considering whether to
discipline him as a probate judge.
Researchers point to an advocacy program in Maine that works with Adult
Protective Services as one solution to preventing exploitation.
A new study found that almost 40 percent of elder mistreatment cases began with self-neglect. Photo by Jeremy Poland/iStock.
A few years ago, Adult Protective Services put Polly Madson Cox in
touch with an older woman who was neglecting herself. She lived alone,
struggled to meet her basic needs and was on the verge of eviction.
Madson
Cox, who was an advocate with the Elder Abuse Institute of Maine,
worked with the woman to try and find a way to stay in her apartment.
During that time, the woman invited someone to live with her. Madson Cox
soon learned this person was exploiting her, controlling her
medications, ability to leave the house and her finances.
A
recent study found this is a common problem. An analysis of Maine APS
investigations published online last month by the Journal of the
American Geriatrics Society found that older adults who neglect
themselves often experience other mistreatment at the same time and are
at risk of further abuse.
Addressing cases of self-neglect may
prevent later abuse, said the study’s lead author, Dr. Stuart Lewis, an
associate professor at Dartmouth’s Geisel School of Medicine.
Advocates
in Maine said the study findings reinforce the work of a program that
was piloted in 2019 under the Elder Abuse Institute of Maine.
“Self-neglect
is a huge unmet need in elder mistreatment,” Lewis said. “It has been,
historically, a very difficult circumstance to intervene in ways that
provide benefit to the person.”
Despite Madson Cox’s efforts, her
client was eventually evicted. She worked with the woman as she moved
to a hospital, then later into an assisted living facility. She was
evicted with only the clothes on her back, so Madson Cox helped her get
more clothing and regain access to her finances.
“I think we are
incredibly instrumental and a special program,” Madson Cox said. “To
meet all those needs, to be able to be involved with her all those
months. In that case she was in three different counties across the
state of Maine — and I was the sole constant for her.”
Self-neglect,
which makes up half of APS investigations nationally, occurs when
someone no longer has the capacity for self-care.
Often this
means failing to eat appropriately, care for their home, maintain good
hygiene or manage their financial affairs, according to the 2021 Adult Maltreatment Report by the U.S. Department of Health and Human Services.
Madson
Cox said some indicators of self-neglect could be unsafe housing, such
as holes in the roof, rotted floorboards or an infestation; unpaid
bills, disabled utilities or banking concerns; concerns about hygiene;
and lack of access to medical care or trouble managing their
medications.
Patricia
Kimball, the study co-author and executive director of the Elder Abuse
Institute of Maine, said it’s difficult to address self-neglect because
clients often don’t see themselves as victims. Even the term
“self-neglect” is stigmatizing, she said, because it blames the person
for their situation when there may be factors out of their control.
To
examine how self-neglect relates to other forms of mistreatment,
researchers analyzed nearly 18,000 Maine APS investigations from July
2017 to October 2021, looking at cases in which the first substantiated
allegation was self-neglect.
The study found that about half of
the individuals who were first reported for self-neglect also
experienced other mistreatment at the same time. And almost 40 percent
of elder mistreatment cases began with self-neglect.
The study
found that the time period between a report of self-neglect and another
allegation is often less than a year, ranging from 215 to 388 days, much
shorter than what was published in a previous study, Lewis said.
“What’s
important about it is (self-neglect) often occurs at the same time as
other forms of abuse; that it’s a risk factor for later abuse; and that
by treating it, you may potentially prevent other abuse later on,” Lewis
said.
Self-neglect shares risk factors with other elder
mistreatment, such as physical disability, social isolation, cognitive
impairment and lack of social support, according to the study.
The
study was conducted using Maine APS cases collected during a pilot
program of the RISE model. This model — “Repair harm; Inspire change;
Support connections; Empower choice” — is a new national approach
designed to address elder abuse in a way that reduces harm while
respecting the individual’s autonomy. Advocates refrain from pressuring
clients to make certain decisions about their lifestyle and only provide
the support the client seeks, Madson Cox said.
“We respect that
clients have the right to make their own decisions and we understand
that clients have that right even when their choices might make us or
other people uncomfortable, or might make choices that are in opposition
to those people around them,” Madson Cox said.
The
study found that about half of the individuals who were first reported
for self-neglect also experienced other mistreatment at the same time.
And almost 40 percent of elder mistreatment cases began with
self-neglect. Photo by kitzcorner/iStock
Maine’s
RISE pilot project, called Elder Service Connections, started in 2019
by pairing advocates from the Elder Abuse Institute of Maine with APS
caseworkers to work on investigations in Aroostook and Cumberland
counties.
The advocates were trained in motivational
interviewing and supported decision-making, and were able to stay with
clients long after APS might be required to close a case. Madson Cox
said the time they work with clients can vary greatly, but is usually
less than a year.
Data shows the RISE approach works: Clients are
significantly less likely to end up back in the APS system after
working with a RISE advocate.
To date, the program has received
752 referrals. It expanded in 2021 to include the entire state, and
there are currently eight advocates. The budget Gov. Janet Mills signed
last year dedicated $800,000 annually to the program.
Madson
Cox, who worked as a RISE advocate for about a year and a half and now
oversees the program, said she has seen the findings of the self-neglect
study mirrored in her work.
She mentioned the case of a woman in
her 70s who was reported for self-neglect because her furnace wasn’t
working. The woman had no hot water, struggled to get her snow plowed
and was heating her home by using the oven and space heaters. She was
paying an exorbitant electric bill, had trouble bathing without hot
water and couldn’t get out of her home to access health care.
Advocates
spent months working with her, and Madson Cox said as they got to know
the client, she disclosed that a community member was financially
exploiting her by charging an excessive price for snow removal, and a
family member was being verbally abusive and stealing her medication.
The advocates were able to fix the furnace, help with the utility bill,
secure a new snow removal service and get her medication delivered
directly.
“We have the luxury of being able to work with people
for a much greater amount of time,” Madson Cox said. “Some of the
(conditions) were known as the client became comfortable with us and
began trusting us to disclose.”
The RISE system can also work with others in the client’s orbit, including someone who may be exploiting them, Kimball said.
This
approach recognizes that often what the older adult wants more than
anything is help for a loved one who may be struggling — with addiction,
for instance — even if they are the ones exploiting them.
“Often
in maltreatment and abuse situations, our clients want the alleged
harmer to get help,” Madson Cox said. “They’re not in a place to make
choices to sever the relationship or be estranged.”
This
article was written with the support of a journalism fellowship from
The Gerontological Society of America, The Journalists Network on
Generations and The Silver Century Foundation.
The Maine Monitor spent a year reporting about the state’s probate court system. Here’s why and how we did so.
Photo by Fred J. Field.
We spent a year reporting and writing “Maine’s Part-Time Court” to
understand the lives and death of residents in probate court.
Maine’s
16 independent, county-run probate courts are not a part of the state
judicial branch. The probate courts are run by part-time, elected judges
responsible for monitoring the well-being and financial futures of adults and children under guardianship and conservatorship, as well as the estates of the deceased.
Our interest in the probate courts stemmed from two observations.
One, Maine voters passed a constitutional amendment 56 years ago
that would make probate judges full time, but in the five decades since
then, the legislature has not completed the steps necessary to
implement the will of the voters.
Two, we uncovered systemic
problems with other aspects of the state’s courts and justice system,
including the lack of a statewide public defenders office and the
recording of nearly 1,000 confidential attorney-client phone calls in
county jails.
The probate courts are a corner of the state’s
judicial system that has been long overlooked despite serving thousands
of Mainers.
In April, we sent a survey with 18 questions
about staffing levels, the number of guardianships being overseen by
the probate court, and financial reviews of conservators to each probate
court. The Maine Monitor received responses from 10 probate courts,
including Androscoggin, Cumberland, Kennebec, Knox, Lincoln,
Piscataquis, Sagadahoc, Waldo, Washington and York counties.
The survey revealed that many probate courts do not know how many adults are under guardianship, or if those people are alive or dead. And many probate courts do not audit conservators or have a method to detect attempted theft.
We
observed proceedings at the Cumberland County Probate Court in Portland
and Kennebec County Probate Court in Augusta. We also traveled to
Bangor and Brunswick to spend the day with
two women who shared their stories about being under guardianship, and
how the mandate for probate courts to consider a less restrictive
alternative to guardianship known as “supported decision-making”
affected their lives.
Our observations were supplemented with
interviews with 60 people, including probate judges, registers of
probate, guardians, adults under guardianship, lawyers, disability
advocates, family members, state officials, legislators and a former
state Supreme Court associate justice. We also spoke with fraud detection experts
in Florida and Minnesota court systems. We made multiple requests to
interview the leaders of Adult Protective Services in Maine and were
denied each time.
The
Maine Monitor’s reporting showed that the challenges facing those who
require the services of Maine’s probate system are only getting worse,
one advocate said. Photo by Fred J. Field.
To
broaden our understanding of the probate courts, we reviewed hundreds of
pages of online probate court records and dozens of attorney discipline
decisions where the probate court was mentioned. We also read state
studies about financial exploitation of adults, demographics and characteristics of adults who get exploited, and seven decades of government research on ways to overhaul the state’s probate court system.
The
Monitor also made public records requests to the Office of the Chief
Medical Examiner for data about the causes and circumstances of all adults who died under the state’s care of a public guardian between 2018 and May 2023.
We
received an anonymized dataset of more than 200 people. The vast
majority of deaths were deemed natural or accidental. The data revealed,
however, that medical examiners had rarely done examinations of the
deaths of people under public guardianship prior to 2021.
The
attorney general’s office also inadvertently sent the Monitor a
spreadsheet that contained the names of seven people the medical
examiner’s office deemed to have died in “undetermined” ways and one
death medical examiners labeled as a “homicide.”
We read 300 pages of probate court records about the eight individuals;
tracked down living relatives for interviews; contacted assisted living
facilities, veterans homes and private adult foster homes where the
eight had died; asked police about their investigations of the deaths —
often to be told there was none; and interviewed the leader of the
attorney general’s Healthcare Crimes Unit.
Unlike many states,
death certificates are confidential in Maine and can only be accessed by
family members. The attorney general’s office asked the Monitor not to
publish the eight names, but the Monitor decided to publish their full names and details about their deaths
to bring public attention to the state’s secretive system responsible
for the well-being of some of the state’s most vulnerable people.
In response to the Monitor’s reporting, state lawmakers held a
3½-hour public hearing on Oct. 25 about how the state’s guardianship
system operates.
Officials from the probate courts, Maine
Department of Health and Human Services, medical examiner’s office,
attorney general’s office and Disability Rights Maine were asked to come
and speak. The hearing concluded with calls from legislators for more oversight of guardians.
This series “Maine’s Part-Time Court” was supported by a grant from the Fund for Investigative Journalism. The investigation was also made possible by support from Report For America and the Investigative Editing Corps,
which allowed Alan Miller and Mike Wagner to join as project
editors. Samantha Hogan has been a reporter with The Maine Monitor since
June 2019.
