Conservatorship of Emma

Summary

The Maine Law Court declined to answer a reported question concerning public electronic access to financial information in conservatorship records. The Court concluded that the question involved broad policy issues better addressed through rulemaking, could become moot based on an independent ADA-related ruling, and would not finally resolve all disputes in the conservatorship matter. The reported question was discharged.

Holdings

1. The court declined to accept or answer the reported question because it raised broad policy issues extending beyond the controversy, sought an advisory determination inconsistent with the court's appellate function, and could become moot through subsequent proceedings.
2. The court may not undertake de facto rulemaking or issue an advisory opinion through a reported question when the question presents broad policy issues that should instead be addressed through rulemaking or statutory action.

Questions Presented

1. Whether the Supreme Judicial Court should accept and answer a reported question concerning whether conservatorship inventories, accounts, or summary financial information should be available online.
2. Whether answering the reported question would be consistent with the court's appellate function rather than constitute an advisory opinion or de facto rulemaking.

Disposition

dismissed