In re Carol A. Boardman

Summary

The Maine Supreme Judicial Court held that a potential misunderstanding of a person's marital status resulting from a requested surname change does not, without evidence of fraudulent intent or reliance causing harm, constitute fraud under Maine's name-change statute. The court vacated the Cumberland County Probate Court's denial and remanded with instructions to grant Carol A. Boardman's petition.

Holdings

1. A person's potential misunderstanding of another person's marital status, without more, does not constitute fraud that permits denial of an otherwise proper name-change petition under 18-A M.R.S. § 1-701(f).
2. The Probate Court abused its discretion and erred as a matter of law by denying the petition based solely on the possibility that the requested surname would imply marriage.

Questions Presented

1. Whether a potential misunderstanding of the petitioner's marital status, without evidence of an intent to avoid obligations or induce detrimental reliance, constitutes fraud under 18-A M.R.S. § 1-701(f).
2. Whether the Probate Court properly denied the name-change petition based solely on the possibility that others might believe the petitioner was married.

Disposition

vacated