Me. R. Guard. Ad Lit. 6
Reporter's Notes - July 2015
Rule 6 establishes the procedures for removal of a guardian ad litem from a particular case. As set forth in 4 M.R.S. §1557(4), the complaint process adopted in Rule 9 is in addition to the right of a party to file a motion to remove the guardian ad litem while a case is pending.
Rule 6(a) also recognizes a judicial officer's inherent authority to remove a guardian ad litem on his or her own initiation. No hearing is necessary if the judicial officer initiates the removal.
The second sentence of Rule 6(a) permits a judicial officer to "take any other action he or she deems appropriate" when removing a guardian ad litem from a particular case. Possible additional actions include, but are not limited to, filing a complaint pursuant to Rule 9; ordering the guardian ad litem to reimburse the parties or the Judicial Branch for fees, including those fees previously "earned" but no longer of use in the case; or ordering the guardian ad litem to transfer files or other information to the replacement guardian ad litem.
Advisory Note - September 2016
Rule 6(b) is amended to require that a motion to seek removal of a guardian "shall state whether a complaint has been filed with the Review Board pursuant to Rule 9."
Rule 6(g) is amended to clarify that the provisions of Rule 6 do not limit a party's right to submit a complaint under Rule 9 and to specify, "A complaint submitted to the Review Board by a party in an open proceeding shall not proceed until the court issues a final judgment in that case, the court enters an order allowing the Board to proceed, or the guardian ad litem is removed or discharged."
Advisory Note - September 2019
Rule 6 has been amended so that any reference to the Probate Code reflects the Legislature's enactment of a new Code, effective September 1, 2019. See P.L. 2019, ch. 417 § B-14; P.L. 2017, ch. 402 §§ A-1, A-2, F-1.