Sec. B-5. 18-A MRSA §3-913, sub-§(a), as enacted by PL 1979, c. 540, §1, is repealed.

Sec. B-6. 18-A MRSA §3-913, sub-§(c), as enacted by PL 1979, c. 540, §1, is amended to read:

(c) No inference of negligence on the part of the personal representative shall may be drawn from his the personal representative's failure to exercise the authority conferred by subsections (a) and subsection (b).

Sec. B-7. 18-A MRSA §5-417, as enacted by PL 1979, c. 540, §1, is amended to read:

§5-417. General duty of conservator

In the exercise of his the conservator's powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees as described by section 7-302 Title 18-B, sections 802 to 807 and chapter 9.

Sec. B-8. 18-A MRSA §5-508, sub-§§(a) and (d), as repealed and replaced by PL 1997, c. 683, Pt. C, §6, are amended to read:

(a) A durable financial power of attorney is a durable power of attorney by which a principal designates another as attorney- in-fact to make decisions on the principal's behalf in matters concerning the principal's finances, property or both. In the exercise of the powers conferred under a durable financial

power of attorney, an attorney-in-fact shall act as a fiduciary under the standards of care applicable to trustees as described by section 7-302 Title 18-B, sections 802 to 807 and chapter 9.

(d) A durable financial power of attorney must contain the following language:

"Notice to the Principal: As the "Principal," you are using this Durable Power of Attorney to grant power to another person (called the "Agent" or "Attorney-in-fact") to make decisions about your money, property or both and to use your money, property or both on your behalf. If this written Durable Power of Attorney does not limit the powers that you give your Agent,