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, subject to the provisions of subsection (b-1).

Sec. DDD-8. 18-A MRSA §5-425, sub-§(b-1) is enacted to read:

(b-1)__The court may authorize a gift or other transfer for less than fair market value from the protected person's estate other than to the spouse or dependent, blind or disabled child if the court finds that the gift or other transfer will not, directly or indirectly, diminish the protected person's estate in order to qualify for federal or state aid or benefits, including the MaineCare program under Title 22, chapter 855, and the court finds:

(1)__That the remaining estate assets of the protected person are sufficient for the protected person's care and maintenance for the next 36 months, 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 and any dependents of the protected person; and

(2)__That the gift or other transfer will not hasten the date of eligibility for MaineCare coverage of the protected person's long-term care expenses during the next 36 months.

This subsection does not prevent a transfer to a trust established pursuant to 42 United States Code, Section 1396p(d)(4) or otherwise specifically allowed by law governing the federal Medicaid program under 42 United States Code.

Sec. DDD-9. 22 MRSA §14, sub-§2-I, as amended by PL 2003, c. 20, Pt. K, §2, is further amended to read:

2-I. Claims against estates of MaineCare recipients. Claims against the estates of MaineCare recipients are governed by this subsection.