CHAPTER 283

S.P. 407 - L.D. 1179

An Act Concerning Persons Who Hold Durable Powers of

Attorney or Act as Responsible Parties for Residents of

Long-term Care Facilities

Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, the improper management of the property and financial affairs of principals by individuals with actual or apparent management authority jeopardizes the ability of principals to live in nursing homes and other supported-living settings when costs of care or rent remain unpaid; and

Whereas, this jeopardy may be removed and proper financial management secured if improper behavior by an agent is brought to the attention of the Probate Court; and

Whereas, financial exploitation may be discouraged, the welfare of elderly persons with physical or mental challenges and

of disabled adults may be enhanced and their ability to remain in nursing homes and other supported-living settings may be improved; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

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

Sec. 1. 18-A MRSA §5-404, sub-§(c) is enacted to read: