Rights of Grandparents Raising Grandchildren in Maine

When you are raising a grandchild because their parent cannot — often because of addiction, incarceration, or mental health crisis — you need to know what you are legally allowed to do for that child, even without a court order in hand.

Your Right to Apply for Benefits Without Guardianship

Maine does not require a court-appointed guardianship to apply for public benefits on a child's behalf. As an informal kinship caregiver, you can apply for:

• TANF child-only grants through OFI as a non-needy caretaker relative. Your income and assets are generally excluded from the child's eligibility determination, but if you claim the child as a tax dependent, Maine counts half of the child's full need standard as unearned income when setting the benefit.
• MaineCare (Medicaid) for the child. Under MAGI household rules, a non-parental caregiver who does not claim the child as a tax dependent is excluded from the child's health coverage determination.
• SNAP (food supplements) for your household, including the child.
• CCAP (child care subsidies) if you are working, attending school, or in training; it is also available to some retired adults who are a child's legal guardian.

No agency can refuse to process your application simply because you lack a court order. If an OFI worker tells you otherwise, ask to speak with a supervisor or contact Pine Tree Legal Assistance.

Your Right to Enroll the Child in School

Maine follows the federal McKinney-Vento Act for children in unstable housing situations. A parent or guardian may delegate powers regarding a child's care and custody through a power of attorney under Title 18-C M.R.S. § 5-127; being a relative alone does not create that authority. You may need to provide:

• Proof that the child lives with you (utility bill, lease showing the child's name or your name at the address)
• The child's immunization records (or a request for records from their previous school)
• A power of attorney or guardianship order if the school requests formal documentation

If a school refuses enrollment, contact the district's McKinney-Vento liaison — every Maine school district has one.

Your Right to Make Medical Decisions

Maine law allows a qualifying surrogate who lives with the child and provides ongoing parental care to consent to health care under Title 22 M.R.S. § 1503-A. A parent or guardian may also delegate powers regarding care and custody through a power of attorney under Title 18-C M.R.S. § 5-127.

• Emergency care must be provided regardless of who brings the child
• Routine care may be authorized by a parental power of attorney under Title 18-C M.R.S. § 5-127 or by a qualifying surrogate under Title 22 M.R.S. § 1503-A, subject to the statute's parent-notification duties
• MaineCare enrollment does not require a court order — a relative caregiver can apply on the child's behalf

If a healthcare provider refuses to see the child without documentation, a temporary delegation of parental powers (good for up to 12 months, signed and notarized by the parent) establishes your authority for medical decisions.

The Opioid Crisis and Kinship Care in Maine

Maine's opioid epidemic is a primary driver of kinship care. Thousands of grandparents and relatives have taken in children because a parent is in treatment, incarcerated, or deceased from an overdose. This crisis is not something that happened in the past — it continues to place children with extended family at a pace that far outstrips the available resources.

If you stepped into this role because of a parent's substance use, you are not alone, and the child's history does not affect their eligibility for benefits. TANF, MaineCare, SNAP, and other programs evaluate the child's current living situation and financial need — not the reasons behind the placement.

AFFM's Kinship Program (207-827-2331) and Area Agencies on Aging (1-877-353-3771) both provide support for caregivers navigating the emotional weight of raising a child whose parent has a substance use disorder.

Your Right to Appeal a Denial

The appeal deadline depends on the benefit. For TANF/PaS, request a hearing within 30 days of the date of action; for SNAP, within 30 days of the denial; for MaineCare, up to 60 days from the date of the letter. Check the notice for the program's instructions. The hearing is an administrative process — not a courtroom — and you can represent yourself. Pine Tree Legal Assistance and Legal Services for Maine Elders can help you prepare.

Knowing Your Full Picture

Understanding your rights is the first step. The Maine Kinship Financial Help guide goes further: it maps each legal arrangement to the specific benefits available, provides document checklists for every application, and includes a tracker for deadlines and caseworker communications so nothing falls through the cracks.

See more Maine guides →