Order Appointing Guardian Ad Litem (Gal) For Minor(s)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Order Appointing Guardian Ad Litem (Gal) For Minor(s) is a commonly used form within Maine. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Order Appointing Guardian Ad Litem (Gal) For Minor(s)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order Appointing Guardian Ad Litem (Gal) For Minor(s):

• This form pertains to the State of Maine

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Maine’s Form PB-007 - Order Appointing Guardian Ad Litem (Gal) For Minor(s) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Maine form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Maine probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PB-007, take a break, and then review. Probate and estate settlement processes in ME are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PB-007 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PB-007 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Order Appointing Guardian Ad Litem (Gal) For Minor(s) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Maine.

5 reasons you should submit PB-007 as quickly as possible:

1. The sooner you begin, the faster Maine can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Maine. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Maine is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Maine probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Maine probate clerk or court for exact answers regarding Form PB-007, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order Appointing Guardian Ad Litem (Gal) For Minor(s) is one of the many probate court forms available for download through Atticus.

It may also be available through some Maine probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Maine.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PB-007 - Order Appointing Guardian Ad Litem (Gal) For Minor(s) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Maine probate court office.

Order Appointing Guardian Ad Litem (Gal) For Minor(s) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Maine-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Maine Form PB-007 - Order Appointing Guardian Ad Litem (Gal) For Minor(s). You can use this to get an idea of the context of the form and what type of information is needed.

CONTAINS NONPUBLIC D IGITAL I NFORMATION MAINE JUDICIAL BRANCH ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation contact the Court Access Coordinator, accessibility@courts.maine.gov, or a court clerk. Language Services: For language assistance and interpreters, contact a court clerk or interpreters@courts.maine.gov. PB-007, Rev. 02/20 Page 1 of 5 www.courts.maine.gov Order Appointing Guardian Ad Litem (GAL) for Minor(s) IN RE: DISTRICT COURT Location (Town): Docket No.: Name(s) of Minor Children ORDER APPOINTING GUARDIAN AD LITEM (GAL) FOR MINOR(S) 18-C M.R.S. § 1-111(1) Limited-Purpose Standard Expanded 1. Pursuant to 18-C M.R.S. § 1-111(1), and subject to the conditions set forth below, the court appoints a guardian ad litem (GAL) for the following minor child(ren), whose name(s) and date(s) of birth is/are: _______________________________________________________________________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ 2. The GAL’s name is: _______________________________________________________________________________ The GAL’s contact information is: ___________________________________________________________________ ____________________________________________________________________ The GAL appointed by the court and listed above is currently on the roster of qualified Maine GALs; or The GAL appointed by the court and listed above is a qualified attorney licensed to practice in Maine who is not currently listed on the GAL roster. The following findings establish good cause for appointing an unrostered GAL: the GAL has the necessary skills and experience in family or guardian matters (see M.R.G.A.L. 2(a)(1)), or other qualifications: ________________________________________________________________________ _________________________________________________________________________________________ 3. No party objects to the GAL appointment or the fee arrangements specified below; or Petitioner Respondent Other ( ____________________________ ) objects to the appointment of a GAL but, after careful consideration, the court concludes the following factors in 4 M.R.S. § 1555(1)(B) support the appointment:________________________________________________________________________________ ___________________________________________________________________________________________ _____________________________________________________________________________________and/or: Petitioner Respondent Other ( ____________________________ ) objects to the fee arrangement below but, after careful consideration, the court c oncludes the following factors in M.R.G.A.L. 4(b)(4)(C) support the fee arrangement: CONTAINS NONPUBLIC D IGITAL I NFORMATION MAINE JUDICIAL BRANCH ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation contact the Court Access Coordinator, accessibility@courts.maine.gov, or a court clerk. Language Services: For language assistance and interpreters, contact a court clerk or interpreters@courts.maine.gov. PB-007, Rev. 02/20 Page 2 of 5 www.courts.maine.gov Order Appointing Guardian Ad Litem (GAL) for Minor(s) TYPE OF GAL APPOINTMENT, GAL’s INVESTIGATIVE DUTIES, AND GAL’s RESPONSIBILITY FOR WRITTEN REPORT 4. TYPE OF APPOINTMENT (choose A, B, or C) A. Limited-Purpose Appointment. i. Duties. The GAL must perform the following specific duties: The GAL shall appear at the interim hearing final hearing in this matter to testify and be available for cross-examination. ii. Other provisions of the limited appointment: ___________________________________________________ The GAL shall not perform and is not expected to perform any duties beyond those specified in this order (including responding to telephone calls, emails, and other communications from the parties) unless or until a new order is entered. B. Standard Appointment. i. Duties. The GAL shall appear at the final hearing in this matter to testify and to be available for cross- examination. Before the hearing, the GAL must perform the following specific duties: Observe the child(ren) in the home or home where the child(ren) regularly live, and for a child over age 3, conduct a face-to-face interview with the child; and Interview the petitioner, each parent, and any adult who lives in the home(s) where the child(ren) regularly live. ii. Other provisions of the standard appointment: __________________________________________________ The GAL shall not perform and is not expected to perform any duties beyond those specified in this order (including responding to telephone calls, emails, and other communications from the parties) unless or until a new order is entered. C. Expanded Appointment. i. Duties. Until this appointment ends, the GAL shall appear at all hearings in this matter to testify and to be available for cross-examination. Before the hearing, the GAL must perform the following specific duties: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Observe the child(ren) in the home or homes where the child(ren) regularly live, and for a child over age 3, conduct a face- to-face interview with the child; and Interview the petitioner, each parent, and any adult who lives in the home(s) where the child(ren) regularly live. Interview the following teachers and other people who know about the child(ren) or family: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ CONTAINS NONPUBLIC D IGITAL I NFORMATION MAINE JUDICIAL BRANCH ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation contact the Court Access Coordinator, accessibility@courts.maine.gov, or a court clerk. Language Services: For language assistance and interpreters, contact a court clerk or interpreters@courts.maine.gov. PB-007, Rev. 02/20 Page 3 of 5 www.courts.maine.gov Order Appointing Guardian Ad Litem (GAL) for Minor(s) Review ______________________________’s mental health medical and/or educational records. Review ______________________________’s mental health medical and/or educational records. Review ______________________________’s mental health medical and/or educational records. Review ______________________________’s mental health medical and/or educational records. Review ______________________________’s mental health medical and/or educational records. Review ______________________________’s mental health medical and/or educational records. Engage a qualified medical mental health educational provider to evaluate: ________________________________ by (mm/dd/yyyy) ______________ with the cost to be no more than $ _____________ By (mm/dd/yyyy)___________________, arrange counseling for the following child(ren): _____________________________________________________________________________________ Subpoena witnesses and documents and examine and cross-examine witnesses; Serve as a contact person between the parent(s) / petitioner(s), and the child(ren) as follows: ________________________________________________________________________________________ ________________________________________________________________________________________ Appear at mediation (in person) and/or status conference (telephonically) and/or other court-r elated event(s) listed here: _________________________________________________________ Other duties: _ _________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ii. Other provisions of the expanded appointment: _______________________________________________________________________________________ _______________________________________________________________________________________ The GAL shall not perform and is not expected to perform any duties beyond those specified in this order (including responding to telephone calls, emails, and other communications from the parties) unless or until a new order is entered. 5. LENGTH OF APPOINTMENT This GAL appointment ends at the end of the interim hearing final hearing upon entry of a final judgment upon further order of the court, or on (mm/dd/yyyy) ___________________. 6. WRITTEN REPORT (Choose one): The GAL is not required to submit a written report before testifying at the hearing (limited appointments only); The GAL shall provide a summary written or oral report with preliminary findings and preliminary recommendations to the parties on or before (mm/dd/yyyy)___________________; The GAL shall submit a written report to the court and to the parties 14 days before the hearing or (mm/dd/yyyy)___________________, unless the GAL has been notified that the case has settled, in which case no written report is required. If the GAL is notified by a party or the court that the case has settled before the GAL has completed the written report, the GAL may not bill the parties for any further work on the written report. CONTAINS NONPUBLIC D IGITAL I NFORMATION MAINE JUDICIAL BRANCH ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation contact the Court Access Coordinator, accessibility@courts.maine.gov, or a court clerk. Language Services: For language assistance and interpreters, contact a court clerk or interpreters@courts.maine.gov. PB-007, Rev. 02/20 Page 4 of 5 www.courts.maine.gov Order Appointing Guardian Ad Litem (GAL) for Minor(s) The written report must include the results of the GAL’s investigation and the GAL’s recommendations on the following issues: 7. FEE ARRANGEMENT For all cases, the GAL shall use the standardized billing, itemization requirements, and time reporting processes established by the Family Division. If the fee is not paid in accordance with this order, the GAL shall notify the court and the parties, and the court may vacate the appointment or take such other action it deems appropriate under the circumstances. A. Fees to be paid by the court. Because the GAL’s fees are to be paid by the court, those fees will be paid pursuant to either: 1. The guidelines contained in AO-JB-05-5 (for matters in District Court); or 2. $ ________/hour for time not to exceed __________ hours without further authorization of the court (for matters in Probate Court). The GAL shall submit invoices to the court of disposition using the current court-approved voucher form. B. Fees to be paid by parties. i. The total fee the GAL may receive is as follows (choose one): Flat fee: The GAL will complete all the duties required in this appointment order until mediation is completed, for a flat fee of $__________. If the GAL is required to attend a hearing and provide a final written report, the additional flat fee will be $____________. Hourly rate with cap: The GAL may charge a total fee of no more than $ ____________, by spending no more than __________ total hours on this matter at the hourly rate of $ ___________/hour until mediation is completed. If the GAL is required to attend a hearing an provide a final written report, the GAL may charge an additional fee of no more than $ _______________. ii. The GAL’s fee shall be paid as follows: On or before (mm/dd/yyyy) _______________ , Petitioner shall pay $ _____________, Respondent shall pay $ _______________, Other ( __________________________ ) shall pay $ _____________. The responsibility for payment may be changed at the final hearing. In addition, the GAL shall submit an itemized bill to the parties on a monthly bi -weekly basis. Petitioner shall pay ________ % of each bill, Respondent shall pay _______ % of each bill, Other ( ___________________________ ) shall pay _________ % of each bill. The responsibility for payment may be changed at the final hearing. Each party shall pay the GAL within 14 35 days after receiving each bill; or Petitioner shall pay $ __________ per week month toward the GAL fees and expenses, Respondent shall pay $ ___________ per week month toward the GAL fees and expenses, Other ( ) shall pay $ ____________ per week month toward the GAL fees and expenses. The responsibility for payment may be changed at the final hearing. The final fee payments shall be made within 14 days after the filing of the written report or, if no written report is required because the case has settled, within 14 days after the court has adopted the settlement. CONTAINS NONPUBLIC D IGITAL I NFORMATION MAINE JUDICIAL BRANCH ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation contact the Court Access Coordinator, accessibility@courts.maine.gov, or a court clerk. Language Services: For language assistance and interpreters, contact a court clerk or interpreters@courts.maine.gov. PB-007, Rev. 02/20 Page 5 of 5 www.courts.maine.gov Order Appointing Guardian Ad Litem (GAL) for Minor(s) C. No additional hours or fees will be authorized or approved for any type of appointment without prior court approval through and amended or new order of appointment. 8. GENERAL PROVISIONS APPLICABLE TO ALL GAL APPOINTMENTS A. The GAL shall not perform and is not expected to perform any duties beyond those specified in this order (including responding to telephone calls, emails, and other communications from the parties) unless or until an amended or new order is entered. B. The GAL has quasi-judicial immunity from liability resulting from actions undertaken pursuant to her/his appointment. C. The GAL shall make the wishes of the child(ren) known to the court if the child(ren) has/have expressed them, regardless of the recommendation of the GAL. D. Given the confidential nature of the material that may be reviewed by the GAL, all of the GAL’s reports shall be confidential and sealed after the report is submitted to the court and to the parties. Neither the information contained in the reports not the reports themselves shall be disclosed or published by the parties or the GAL or further released by the court, except to the representatives of the GAL Review Board actively investigating a complaint against a GAL, or as otherwise ordered by the court. E. The parties in this matter shall fully cooperate with the GAL’s investigation, including, but not limited to, participating in interviews, making themselves and the child(ren) available to the GAL at such reasonable times and places as he or she may request for the purposes of carrying out the duties specified in this appointment order, and signing releases permitting the GAL to access all medical, mental health, or educational records that the GAL has been ordered (above) to review. F. The GAL may advocate for special procedures to protect the child(ren) witness(es) from unnecessary psychological harm resulting from the child(ren)’s testimony, with or without the consent of the parties. 9. GENERAL PROVISIONS APPLICABLE TO ALL CASES A. The parties SHALL not try to influence or pressure the child(ren) who are involved in this litigation. No party shall tell the child(ren) how to talk with or what to say to the GAL or the court. B. If any party has serious concerns about a guardian ad litem, you may file a complaint pursuant to M.R.G.A.L. 9(d) with the Guardian ad Litem Review Board. The complaint form and directions on how to file a complaint with the Guardian ad Litem Review Board can be found at http://www.mebaroverseers.org/complaint/GAL- Complaint.html. The Clerk is directed to incorporate this Order by reference into the docket for this case, pursuant to Rule 79(a), Maine Rules of Civil Procedure. Date (mm/dd/yyyy): ► Judge, Maine District Court