| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 18-A MRSA §1-201, sub-§§(10-A) and (10-B) are enacted to read: |
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| | | (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. |
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| | | (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: |
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| | | (i)__Each individual is a mentally competent adult; |
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| | | (ii)__The 2 individuals have been legally domiciled with | | each other for at least 12 months; |
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| | | (iii)__Neither individual is legally married to, legally | | separated from or registered in a domestic partnership with, | | another individual; |
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| | | (iv)__Each individual is the sole domestic partner of the | | other and expects to remain so; and |
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| | | (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. |
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| | | Sec. 2. 18-A MRSA §1-201, sub-§(17), as enacted by PL 1979, c. 540, §1, | | is amended to read: |
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| | | (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. |
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| | | Sec. 3. 18-A MRSA §1-201, sub-§(20), as amended by PL 1979, c. 690, §3, | | is further amended to read: |
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| | | (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 |
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