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relationship with the elderly dependent person prior to the | transfer or execution. Confidential or fiduciary relationships | include the following: |
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| A. A family relationship between the elderly dependent | person and the transferee or person who benefits from the | execution of a guaranty, including relationships by marriage | and adoption; |
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| B. A fiduciary relationship between the elderly dependent | person and the transferee or person who benefits from the | execution of a guaranty, such as with a guardian, | conservator, trustee, accountant, broker or financial | advisor; |
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| C. A relationship between an elderly dependent person and a | physician, nurse or other medical or health care provider; |
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| D. A relationship between the elderly dependent person and | a psychologist, social worker or counselor; |
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| E. A relationship between the elderly dependent person and | an attorney; |
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| F. A relationship between the elderly dependent person and | a priest, minister, rabbi or spiritual advisor; |
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| G. A relationship between the elderly dependent person and | a person who provides care or services to that person | whether or not care or services are paid for by the elderly | person; |
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| H. A relationship between an elderly dependent person and a | friend or neighbor; or |
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| I. A relationship between an elderly dependent person and a | person sharing the same living quarters. |
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| When any of these relationships exist and when a transfer or | execution is made to a corporation or organization primarily on | account of the membership, ownership or employment interest or | for the benefit of the fiduciary or confidante, a fiduciary or | confidential relationship with the corporation or organization is | deemed to exist. |
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| | Sec. 2. 33 MRSA §1023, as amended by PL 1989, c. 238, §§2 and 4, is | further amended to read: |
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| §1023. Civil action; relief available |
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