LD 1275
pg. 2
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LR 1162
Item 1

 
relationship with the elderly dependent person prior to the
transfer or execution. Confidential or fiduciary relationships
include the following:

 
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;

 
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;

 
C. A relationship between an elderly dependent person and a
physician, nurse or other medical or health care provider;

 
D. A relationship between the elderly dependent person and
a psychologist, social worker or counselor;

 
E. A relationship between the elderly dependent person and
an attorney;

 
F. A relationship between the elderly dependent person and
a priest, minister, rabbi or spiritual advisor;

 
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;

 
H. A relationship between an elderly dependent person and a
friend or neighbor; or

 
I. A relationship between an elderly dependent person and a
person sharing the same living quarters.

 
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.

 
Sec. 2. 33 MRSA §1023, as amended by PL 1989, c. 238, §§2 and 4, is
further amended to read:

 
§1023. Civil action; relief available


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