LD 1179
pg. 2
Page 1 of 4 An Act To Establish Duties for Persons Who Hold Durable Powers of Attorney or A... Page 3 of 4
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LR 1122
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the long-term care facility for services rendered to the principal.

 
(e)__If there is reasonable cause to believe that an agent has
breached fiduciary duty as set forth in subsection (c), the
Department of Health and Human Services, the long-term care
ombudsman under Title 22, chapter 1453 or the affected long-term
care facility may file a petition in Probate Court.__The
petitioner may request the court to:

 
(1)__Determine whether the agent's acts or omissions are in
breach of the fiduciary duty owed to the principal;

 
(2)__Compel the agent to submit an accounting or report of
any actions and omissions on behalf of the principal;

 
(3)__Seek restitution from the agent of any misappropriated
resources of the principal;

 
(4)__Terminate the power of attorney; or

 
(5)__Take other action appropriate to the circumstances.

 
The court shall hold an expedited hearing within 30 days of the
filing of the petition, or within a shorter period of time, for
good cause shown in any matter that requires a timely decision
affecting health care or to forestall the misappropriation of the
principal's resources.__The court may make orders and decrees and
take other actions that are necessary or proper in making
determinations on matters presented by a petition filed under
this subsection.__In any transfer of the principal's resources to
the agent or any person designated by the agent occurring after
the date of admission to a long-term care facility and made for
less than full consideration when the transfer is not authorized
under a gift provision in the durable power of attorney, it is
presumed that the transfer was not a gift.__The agent may
overcome the presumption if the agent proves by a preponderance
of the evidence that the transfer was authorized and was not the
result of fraud, undue influence, misrepresentation or self-
dealing.

 
(f)__A court, after hearing pursuant to subsection (e), may
terminate or revoke the power of attorney or terminate the
agent's functioning as responsible party for a principal upon
determination that:

 
(1)__The agent has breached the agent's fiduciary duty to
the principal or engaged in self-dealing;


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