Amend the bill in section 1 in Part 5-A in subpart 1 in §5-512 in subsection (f) in the first line (page 8, line 8 in L.D.) by inserting after the following: " appointed" the following: ' or an adult who is an incapacitated person within the meaning of section 5-101, subsection (1)'

Amend the bill in section 1 in Part 5-A in subpart 1 in §5-512 in subsection (g) in the first line (page 8, line 9 in L.D.) by inserting after the following: " means" the following: ' an interested person within the meaning of section 1-201, subsection (20), including'

Amend the bill in section 1 in Part 5-A in subpart 1 in §5-512 in subsection (j) in the 2nd line (page 8, line 18 in L.D.) by inserting after the following: " management" the following: ' or disposition'

Amend the bill in section 1 in Part 5-A in subpart 1 in §5-512 in subsection (n) in the 2nd line (page 8, line 26 in L.D.) by striking out the following: " , a federally recognized Indian tribe"

Amend the bill in section 1 in Part 5-A in subpart 1 by inserting before §5-513 the following:

Amend the bill in section 1 in Part 5-A in subpart 2 in §5-521 in subsection (a) in paragraph (1) in the last 2 lines (page 15, lines 30 and 31 in L.D.) by striking out the following: " because no other person has authority and is willing to act on the respondent's behalf"

Amend the bill in section 1 in Part 5-A in subpart 2 in §5-524 in subsection (a) in the first line (page 20, line 31 in L.D.) by striking out the following: " A" and inserting the following: ' If this State is not the respondent's home state and not a significant-connection state, a'

Amend the bill in section 1 in Part 5-A in subpart 2 in §5-524 in subsection (a) in the first and 2nd lines (page 20, lines 31 and 32 in L.D.) by striking out the following: " lacking jurisdiction under section 5-523, subsections (a) to (c)"

Amend the bill in section 1 in Part 5-A in subpart 2 in §5-524 in subsection (a) in paragraph (1) in the first line (page 20, line 33 in L.D.) by striking out the following: " 90 days" and inserting the following: ' 6 months'

Amend the bill in section 1 in Part 5-A in subpart 2 in §5-526 by striking out all of subsection (b) (page 23, lines 34 to 37 in L.D.) and inserting the following:

Amend the bill in section 1 in Part 5-A in subpart 2 in §5-526 in subsection (c) in the 2nd line (page 23, line 39 in L.D.) by striking out the following: " including" and inserting the following: ' which may include'

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (c) in the last line (page 31, line 9 in L.D.) by inserting after the following: " hearing" the following: ' or provide an opportunity for a hearing to be held'

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (d) in paragraph (2) in the 2nd line (page 31, line 17 in L.D.) by inserting after the following: " established" the following: ' by a preponderance of the evidence'

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (d) in paragraph (2) in the 2nd line (page 31, line 17 in L.D.) by inserting after the following: " contrary to the" the following: ' best'

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (e) in paragraph (2) in the 2nd line (page 31, line 29 in L.D.) by inserting after the following: " established" the following: ' by a preponderance of the evidence'

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (e) in paragraph (2) in the 2nd line (page 31, line 29 in L.D.) by inserting after the following: " contrary to the" the following: ' best'

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-531 in subsection (e) in paragraph (3) in the first line (page 31, line 31 in L.D.) by inserting after the following: " management" the following: ' or disposition'

Amend the bill in section 1 in Part 5-A in subpart 3 by inserting before §5-532 the following:

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-532 in subsection (d) in paragraph (1) in the first line (page 32, line 15 in L.D.) by inserting after the following: " establishes" the following: ' by a preponderance of the evidence'

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-532 in subsection (d) in paragraph (1) in the 2nd line (page 32, line 16 in L.D.) by inserting after the following: " contrary to the" the following: ' best'

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-532 by striking out all of subsection (f).

Amend the bill in section 1 in Part 5-A in subpart 3 in §5-532 by relettering the subsections to read consecutively.

Amend the bill in section 1 in Part 5-A by inserting before subpart 4 the following:

Amend the bill in section 1 in Part 5-A in subpart 4 in §5-541 in the first paragraph in the last line (page 33, line 31 in L.D.) by inserting after the following: " office" the following: ' and the guardian's notification to the appointing court of an intent to register in this State'

Amend the bill in section 1 in Part 5-A in subpart 4 by inserting before §5-542 the following:

Amend the bill in section 1 in Part 5-A in subpart 4 in §5-542 in the first paragraph in the last line (page 33, line 38 in L.D.) by inserting after the following: " office" the following: ' , of the conservator's notification to the appointing court of an intent to register in this State'

Amend the bill in section 1 in Part 5-A in Part 5-A in subpart 4 by inserting before §5-543 the following:

Amend the bill in section 1 in Part 5-A in subpart 5 in §5-553 in subsection (a) in the last line (page 34, line 18 in L.D.) by striking out the following: " January 1, 2012" and inserting the following: ' July 1, 2013'

Amend the bill in section 1 in Part 5-A in subpart 5 in §5-553 in subsection (b) in the 2nd line (page 34, line 20 in L.D.) by striking out the following: " January 1, 2012" and inserting the following: ' July 1, 2013'

Amend the bill in section 1 in Part 5-A in subpart 5 in §5-554 in the first paragraph in the first line (page 35, line 5 in L.D.) by striking out the following: " January 1, 2012" and inserting the following: ' July 1, 2013'

summary

This amendment contains changes to the bill recommended by the Probate and Trust Law Advisory Commission.

The revisions to the Maine Revised Statutes, Title 18-A, section 5-512 address inconsistencies between the definitions in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act and related definitions in the Probate Code.

The revisions to Title 18-A, section 5-521, subsection (a), paragraph (1); section 5-524, subsection (a); and section 5-526, subsections (b) and (c) eliminate ambiguous language and extend the emergency term of a guardian from 90 days to 6 months.

The change to Title 18-A, section 5-531, subsection (c) eliminates the court's obligation to hold a hearing if a hearing would serve no useful purpose.

The changes to Title 18-A, section 5-531, subsection (d), paragraph (2); section 5-531, subsection (e), paragraph (2); and section 5-532, subsection (d), paragraph (1) identify the evidentiary standard to be applied to proceedings involving the transfer of guardianship and protective proceedings.

The word "disposition" is added to Title 18-A, section 5-531, subsection (e), paragraph (3) because the term "management" may be too narrow to accurately describe the actions a conservator might need to take.

Title 18-A, section 5-532, subsection (f) is deleted because it is unrealistic to require a Maine court to unilaterally evaluate a foreign order and identify modifications, as it is unclear from the Act exactly what process would be undertaken to modify a foreign order.

Title 18-A, sections 5-541 and 5-542 are modified to provide a safeguard that will enable the appointing court to intervene if foreign registration is for any reason inappropriate.

This amendment changes the effective date and application dates to July 1, 2013.