Guardianship of Lantigua

Summary

The Maine Supreme Judicial Court reviewed a Probate Court judgment appointing the children’s maternal grandmother as their limited guardian. The court upheld the appointment based on the grandmother’s status as a de facto guardian, the father’s lack of consistent participation, and the temporarily intolerable living situation created by the father’s conduct. It remanded for the Probate Court to specify the guardian’s duties and powers and the parental rights and responsibilities retained by the father.

Holdings

1. The Probate Court properly determined that Tempesta was entitled to a guardianship over the children based on the statutory guardianship grounds and the evidence of Lantigua's limited participation and conduct.
2. A limited guardianship was an appropriate response to Lantigua's temporary or partial unfitness.
3. The Probate Court erred by failing to specify the duties and powers granted to Tempesta and the parental rights and responsibilities retained by Lantigua.

Questions Presented

1. Whether the Probate Court properly appointed Tempesta as guardian based on her status as a de facto guardian and Lantigua's lack of consistent participation.
2. Whether the Probate Court properly found that Lantigua's treatment of the children created a temporarily intolerable living situation supporting guardianship.
3. Whether the Probate Court was required to specify the duties and powers granted to the limited guardian and the parental rights and responsibilities retained by Lantigua.

Disposition

reversed_and_remanded