A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maine Harvey Waiver, also known as the Maine Conservatorship and Guardianship Waiver, refers to a legal process in the state of Maine that grants certain individuals the authority to make important decisions on behalf of an incapacitated adult or minor. This waiver is specifically designed to address situations where an individual may lack the mental capacity to handle their personal, financial, or healthcare matters effectively. Maine Harvey Waiver allows a designated person, known as a conservator or guardian, to assume responsibility for protecting the best interests of the incapacitated individual. The waiver is most commonly sought when there are concerns about an individual's ability to handle their own affairs, whether due to age, mental illness, disability, or other circumstances. There are two primary types of Harvey Waivers recognized in Maine: 1. Conservatorship Waiver: This type of waiver grants authority specifically over financial matters. A conservator is appointed to manage the assets, finances, and overall financial well-being of the incapacitated individual. They have the power to make decisions regarding investments, bill payments, property management, and other financial transactions. 2. Guardianship Waiver: This type of waiver grants authority over various personal matters, including healthcare, living arrangements, and other non-financial decisions. A guardian is appointed to ensure the overall well-being and safety of the incapacitated person. They may make decisions related to medical treatments, education, living situations, and other personal matters. In both cases, the Maine Harvey Waiver is granted through a legal process that involves filing an application with the appropriate court. The court will carefully review the evidence provided to determine whether the individual truly lacks the capacity to handle their own affairs and if the waiver is in their best interest. It is crucial to gather medical records, assessments from healthcare professionals, and any other relevant information during this process. Once approved, the conservator or guardian assumes the responsibilities outlined in the waiver. They are legally bound to act in the best interest of the incapacitated individual while ensuring their rights and autonomy are respected to the fullest extent possible. In conclusion, the Maine Harvey Waiver provides a legal pathway for individuals to seek conservatorship or guardianship over an incapacitated person's financial or personal matters. The waiver exists to safeguard the well-being and best interests of those who are unable to make informed decisions themselves. It is important to consult with an attorney experienced in elder law or guardianship matters to navigate this process successfully.Maine Harvey Waiver, also known as the Maine Conservatorship and Guardianship Waiver, refers to a legal process in the state of Maine that grants certain individuals the authority to make important decisions on behalf of an incapacitated adult or minor. This waiver is specifically designed to address situations where an individual may lack the mental capacity to handle their personal, financial, or healthcare matters effectively. Maine Harvey Waiver allows a designated person, known as a conservator or guardian, to assume responsibility for protecting the best interests of the incapacitated individual. The waiver is most commonly sought when there are concerns about an individual's ability to handle their own affairs, whether due to age, mental illness, disability, or other circumstances. There are two primary types of Harvey Waivers recognized in Maine: 1. Conservatorship Waiver: This type of waiver grants authority specifically over financial matters. A conservator is appointed to manage the assets, finances, and overall financial well-being of the incapacitated individual. They have the power to make decisions regarding investments, bill payments, property management, and other financial transactions. 2. Guardianship Waiver: This type of waiver grants authority over various personal matters, including healthcare, living arrangements, and other non-financial decisions. A guardian is appointed to ensure the overall well-being and safety of the incapacitated person. They may make decisions related to medical treatments, education, living situations, and other personal matters. In both cases, the Maine Harvey Waiver is granted through a legal process that involves filing an application with the appropriate court. The court will carefully review the evidence provided to determine whether the individual truly lacks the capacity to handle their own affairs and if the waiver is in their best interest. It is crucial to gather medical records, assessments from healthcare professionals, and any other relevant information during this process. Once approved, the conservator or guardian assumes the responsibilities outlined in the waiver. They are legally bound to act in the best interest of the incapacitated individual while ensuring their rights and autonomy are respected to the fullest extent possible. In conclusion, the Maine Harvey Waiver provides a legal pathway for individuals to seek conservatorship or guardianship over an incapacitated person's financial or personal matters. The waiver exists to safeguard the well-being and best interests of those who are unable to make informed decisions themselves. It is important to consult with an attorney experienced in elder law or guardianship matters to navigate this process successfully.
