LD 468, Page 331 - 122th Legislature, FIRST REGULAR Session

	(b) ~~When~~ If it has been established in a proper proceeding that a
basis exists as described in section 5-401 for affecting the
property and affairs of a person, the court, without appointing a
conservator, may authorize, direct or ratify any contract, trust or
other transaction relating to the protected person's financial
affairs or involving ~~his~~ the protected person's estate if the court
determines that the transaction is in the best interests of the
protected person. In the event of a proposed transaction to
transfer assets out of the protected person's estate to a person
other than the protected person's spouse or to a trust other than a
trust established pursuant to 42 United States Code, Section
1396p(d)(4), as amended, that transaction may not be authorized
unless the court has established upon due inquiry that the estate
of the protected person is sufficient for the protected person's
care and maintenance for the present and the foreseeable future,
including due provision for the protected person's established
standard of living and for the support of any persons the protected
person is legally obligated to support.__The court, except as
provided in this section, may not authorize any transaction for the
purpose of diminishing the protected person's estate in order to
qualify the protected person for federal or state aid or benefits.

Sec. DDD-7. 18-A MRSA §5-425, sub-§(b), as enacted by PL 1979, c. 540,
§1, is amended to read:

(b) If the estate is ample to provide for the purposes
implicit in the distributions authorized by the preceding
subsections, a conservator for a protected person other than a
minor has power to make gifts to charity and other objects as the
protected person might have been expected to make, in amounts
~~which~~ that do not exceed in total for any year 20% of the income
from the estate. Such a gift or other transfer may not be made
other than to the protected person's spouse unless the
conservator has established upon due inquiry that the estate of
the protected person is sufficient for the protected person's
care and maintenance for the present and the foreseeable future,
including due provision for the protected person's established
standard of living and for the support of any persons the
protected person is legally obligated to support.__The
conservator may not make any gift or other transfer for the
purpose of diminishing the protected person's estate in order to
qualify the protected person for federal or state aid or
benefits.__This subsection does not prohibit a transfer to a
trust established pursuant to 42 United States Code, Section
1396p(d)(4).

Sec. DDD-8. 22 MRSA §14, sub-§2-I, as amended by PL 2003, c. 20, Pt.
K, §2, is further amended to read:

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