CHAPTER 283
S.P. 407 - L.D. 1179
An Act Concerning Persons Who Hold Durable Powers of Attorney or Act as Responsible Parties for Residents of Long-term Care Facilities
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the improper management of the property and financial affairs of principals by individuals with actual or apparent management authority jeopardizes the ability of principals to live in nursing homes and other supported-living settings when costs of care or rent remain unpaid; and
Whereas, this jeopardy may be removed and proper financial management secured if improper behavior by an agent is brought to the attention of the Probate Court; and
Whereas, financial exploitation may be discouraged, the welfare of elderly persons with physical or mental challenges and of disabled adults may be enhanced and their ability to remain in nursing homes and other supported-living settings may be improved; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §5-404, sub-§(c) is enacted to read:
(c) A petition for a protective order made under oath may be used to initiate court consideration, accounting and remediation of the actions of any individual responsible for the management of the property or affairs of another. In the case of an emergency, the petition must be given priority scheduling by the court.
(1) The petition must include the following information and may include other information required by rule:
(i) Name, address and telephone number of the petitioner;
(ii) Name, address and telephone number of the principal;
(iii) Name, address and telephone number of the person with actual or apparent authority to manage the property or affairs of the principal;
(iv) Facts concerning the extent and nature of the principal's inability to manage the principal's property or affairs effectively and any facts supporting an allegation that an emergency exists;
(v) Facts concerning the extent and nature of the actual or apparent agent's lack of management of the principal's property or affairs. If applicable, facts describing how the petitioner has already been adversely affected by the lack of management of the principal's property or affairs; and
(vi) Names, addresses and relationships of all persons who are required to receive notice of the petition.
(2) This subsection does not limit any other purpose for the use of a petition for a protective order or any other remedy available to the court.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 2, 2005.
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