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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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