Sec. 35. 18-A MRSA §5-601, sub-§(b), as amended by PL 1995, c. 560, Pt. K, §4 and affected by §83 and amended by PL 2001, c. 354, §3, is further amended to read:

(b) The Department of Behavioral and Developmental Health and Human Services shall act as the public guardian or conservator for persons with mental retardation and the Department of Human Services shall act as the public guardian or conservator for other incapacitated persons in need of protective services.

Sec. 36. 18-A MRSA §5-613, sub-§(1), as amended by PL 1995, c. 560, Pt. K, §6 and affected by §83; amended by PL 2001, c. 354, §3; and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:

(1) When the following occur, the costs of the guardian ad litem or any other special costs may be paid by the Department of Health and Human Services, within the limits of the department's budget, if the person involved is mentally retarded, and the costs may, in all other cases, be paid by the Department of Health and Human Services, within the limits of the department's budget:

(a) An allegedly incapacitated person is in need of protective services and:

(1) A guardian ad litem is appointed under the provisions of this Code; or

(2) A court incurs special costs in a proceeding concerning such a person; and

(b) Appointment of a public guardian or conservator is sought or the allegedly incapacitated person, within 3 months prior to the filing of the petition:

(1) Is or has been a client of the Department of Behavioral and Developmental Health and Human Services; or

(2) Is or has been a client of the Department of Human Services; or