CHAPTER 377

H.P. 617 - L.D. 840

An Act To Clarify the Duties of Conservators

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 18-A MRSA §5-418, sub-§§(d) and (e) are enacted to read:

(d) If any property not included in the original inventory comes to the knowledge of the conservator or if the conservator or court learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the conservator shall make a supplementary inventory or appraisement showing the market value of the new item or the revised market value or descriptions and the appraisers or other data relied upon, if any, and file it with the court and furnish copies to persons interested in the new information.

(e)__When an inventory has not been filed under this section and an interested party makes a prima facie case that property that should have been inventoried is now missing, the conservator has the burden of proving by a preponderance of the evidence that the specific property would properly be excluded from the inventory.