Submitted On Briefs: July 20, 2016
County Probate Court docket number 2015-0601
Gregory O. McCullough, Esq., Sanford Law Offices, Sanford,
for appellant Mark Langlais.
T. Mills, Attorney General, and Daniel J. Eccher, Asst. Atty.
Gen., Office of the Attorney General, Augusta, for appellee
Department of Health and Human Services.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and
Mark Langlais appeals from two judgments of the York County
Probate Court [Nadeau, J.) adjudicating Marviline
Luneau incapacitated and appointing the Department of Health
and Human Services her temporary public guardian pursuant to
18-A M.R.S. §§ 5-310-A, 5-601  and her
permanent public guardian pursuant to 18-A M.R.S.
§§ 5-304, 5-601 . The court made detailed
findings, which we assume are supported by the record because
Langlais did not provide a transcript on appeal. See
Greaton v. Greaton, 2012 ME 17, ¶ 2, 36 A.3d 913.
The case history, stated below, is based on those findings
and documents in the record, particularly a visitor's
Luneau is ninety-one years old. Langlais is twenty-nine years
younger than Luneau, and he is the older brother of
Luneau's daughter's husband. Langlais had known
Luneau since his childhood, and shortly after they were
reintroduced in 2006, Langlais sold his home and began living
with Luneau. They lived together until Luneau's
hospitalization and subsequent transfer to a nursing home in
Luneau has a ten-year history of serious medical issues that
need not be recounted here.
Langlais suffers from PTSD, related anxiety, and chronic
insomnia. He is prescribed medications for these conditions
but refuses to take them. When Luneau was living with
Langlais, she "spent most of her days and nights lying
in a recliner chair" and "was substantially
immobile and was normally clad in a night gown."
Langlais "kept all windows closed and blocked from
outside light and observation" and "admonished
[Luneau] from responding to knocks on the door when he was
away." Langlais's "apparent alcoholism"
and his "complex PTSD and chronic insomnia . . . render
him materially unavailable, if not also inappropriate, to be
deemed suitable to serve as [Luneau]'s guardian."
Luneau was hospitalized twice in 2015. During the second
hospitalization, her doctor "noted a
'failure-to-thrive' and 'inappropriate conditions
of her home, which sometimes included neglect and possible
abuse from the part of her significant other.'"
Luneau's doctor opined that she was unable to care for
herself and that Langlais was ill suited to care for her.
As of the date of the judgment, Luneau resided at Berwick
Estates in South Berwick. There, Luneau was "well cared
for, neatly dressed, well fed and hydrated, timely and
regularly medicated, and happy." Luneau was "also
visited regularly by [her daughter] and occasionally by other
family members including her ...