| Be it enacted by the People of the State of Maine as follows: |
|
| | Sec. 1. 18-A MRSA §1-201, sub-§§(10-A) and (10-B) are enacted to read: |
|
| | (10-A)__"Domestic partner" means an individual who has signed | and filed in the office of the Secretary of State a notarized | affidavit attesting to a domestic partnership.__For the purposes | of sections 2-102, 3-203, 5-311 and 5-410, a domestic partner is | deemed to be the equivalent of a surviving spouse or a spouse | notwithstanding any other legal or familial relationship the | domestic partner may have with the decedent, the incapacitated | person or the protected person. |
|
| | (10-B)__"Domestic partnership" means the legal relationship | that is formed between 2 individuals under this subsection.__Two | individuals may form a domestic partnership if they meet the | following criteria: |
|
| (i)__Each individual is a mentally competent adult; |
|
| (ii)__The 2 individuals have been legally domiciled with | each other for at least 12 months; |
|
| (iii)__Neither individual is legally married to, legally | separated from or registered in a domestic partnership with, | another individual; |
|
| (iv)__Each individual is the sole domestic partner of the | other and expects to remain so; and |
|
| (v)__The 2 individuals are jointly responsible for each | other's common welfare as evidenced by joint living | arrangements, joint financial arrangements or joint | ownership of real or personal property. |
|
| | Sec. 2. 18-A MRSA §1-201, sub-§(17), as enacted by PL 1979, c. 540, §1, | is amended to read: |
|
| | (17) "Heirs" means those persons, including the surviving | spouse or surviving domestic partner, who are entitled under the | statutes of intestate succession to the property of a decedent. |
|
| | Sec. 3. 18-A MRSA §1-201, sub-§(20), as amended by PL 1979, c. 690, §3, | is further amended to read: |
|
| | (20) "Interested person" includes heirs, devisees, children, | spouses, domestic partners, creditors, beneficiaries and any | others having a property right in or claim against a trust estate | or the estate of a decedent, ward or protected |
|
|