Sec. 1. 18-A MRSA §5-310-A, sub-§(a), as enacted by PL 1993, c. 652, §3, is amended to read:

(a) When a person alleged to be incapacitated has no guardian and an emergency exists and no other person appears to have authority to act in the circumstances, upon appropriate petition and notice to the person alleged to be incapacitated, the court may exercise the power of a guardian or may enter an ex parte order appointing a temporary guardian to address the emergency. A petition for temporary guardianship must be accompanied by an affidavit that sets forth the factual basis for the emergency and the specific powers requested by the proposed guardian, including any power to consent to medication of the incapacitated person. In the order and in the letters of temporary guardianship, the court shall specify the powers and duties of the temporary guardian whom the court has found to be qualified for the particular situation of the incapacitated person, limiting the powers and duties to those necessary to address the emergency and providing to the incapacitated person, to the greatest extent possible, power to control visitation of the incapacitated person with family and friends. In any proceeding under this subsection, the person alleged to be incapacitated has the right to retained or appointed counsel.

Sec. 2. 18-A MRSA §5-310-A, sub-§(a-1), as amended by PL 1997, c. 35, §1, is further amended to read:

(a-1) If the court takes action to exercise the powers of a guardian or to appoint a temporary guardian under subsection (a), then the court, within 2 days, excluding Saturdays, Sundays and legal holidays, of taking the action, shall appoint a visitor or a guardian ad litem whom the court has found to be qualified for the particular situation of the incapacitated person to visit the allegedly incapacitated person and make a report to the court within 10 5 days of the appointment of the visitor or guardian ad litem. The visitor or guardian ad litem shall serve the allegedly incapacitated person with a copy of the order appointing the temporary guardian and shall explain the meaning and consequences of the appointment. The visitor or guardian ad litem shall inquire of the allegedly incapacitated person whether that person wishes to contest any aspect of the temporary guardianship or seek any limitation of the temporary guardian's powers. The visitor or guardian ad litem shall advise the allegedly incapacitated person of that person's right to contest the temporary guardianship by requesting a hearing under subsection (b) and shall advise the allegedly incapacitated person of that person's right to be represented in the proceeding by counsel of that person's own choice or by counsel appointed by