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Tag Archives: Maine Supreme Court

Due process

Due Process Required in Guardianship Proceeding

NewsletterBy Robert FlemingFebruary 17, 2019

Probate courts have broad discretion about how to handle the cases they consider. Especially when it comes to guardianship and conservatorship, the probate judge usually has considerable latitude about how to proceed. It is essential, however, that the probate judge recognize that he or she must give the litigants their due process — the rules…

Disgorge

Lawyer Entitled to Hearing Before Being Ordered to Disgorge Fees

NewsletterBy Robert FlemingJuly 16, 2017

When a court decides that a lawyer should return fees improperly collected, the usual term comes with powerful imagery. The lawyer is usually ordered to “disgorge” those fees. Courts are very protective about the fees charged in probate, guardianship and trust administration matters. Lawyers often find themselves having to justify their fees. An order to…

Privacy concerns loom large in probate court

Privacy Concerns Loom Large in Probate Court

Newsletter, Tucson Elder LawBy Robert FlemingJanuary 15, 2017

JANUARY 16, 2017 VOLUME 24 NUMBER 3 Things change. This is our twenty-fourth year of publishing Elder Law Issues, and one thing we frankly didn’t think much about a quarter-century ago was privacy. Today it’s a big concern, and central to a lot of our thinking. When Fleming & Curti, PLC, first formed in 1994,…

Maine guardianship

Maine Guardianship Violates Uniform Jurisdiction Act

Newsletter, Tucson Elder LawBy Robert FlemingJuly 24, 2016

JULY 25, 2016 VOLUME 23 NUMBER 28 Before any guardianship or conservatorship action can be filed in a local court, the court must have jurisdiction over the person subjected to the proceeding. For many decades that had meant (more or less) that the person must be physically present in the state, and not much more.…

Maine Service Cutback Leaves Disabled Minor Without Program

Newsletter, Tucson Elder LawBy Robert FlemingFebruary 5, 2012

FEBRUARY 6, 2012 VOLUME 19 NUMBER 5 Here’s an anecdote that we expect to see repeating itself over the next few years. It involves a fifteen-year-old boy with severe disabilities, and the Maine state Medicaid program. It also involves Maine’s efforts, like those of other states (including Arizona), to trim its eligibility roles for Medicaid,…

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