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130th MAINE LEGISLATURE |
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LD 480 |
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LR 646(01) |
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An Act To
Establish a Presumption of Entitlement to Counsel for a Person Who Is the
Subject of an Adult Guardianship, Conservatorship or Other Protective
Arrangement Proceeding |
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Preliminary Fiscal
Impact Statement for Original Bill |
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Sponsor: Rep. Cardone of Bangor |
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Committee: Judiciary |
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Fiscal Note Required: Yes |
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Preliminary
Fiscal Impact Statement |
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Potential State Mandate - Unfunded |
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FY 2021-22 |
FY 2022-23 |
Projections FY 2023-24 |
Projections FY 2024-25 |
Net Cost
(Savings) |
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General Fund |
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$103,104 |
$103,104 |
$103,104 |
$103,104 |
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Appropriations/Allocations |
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General Fund |
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$103,104 |
$103,104 |
$103,104 |
$103,104 |
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State Mandates |
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Required Activity |
Unit Affected |
Local Cost |
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Requires Probate
Courts to appoint an attorney for every adult in a guardianship,
conservatorship or other protective arrangement proceeding unless the court
finds that the adult knowingly and voluntarily refuses such
representation.
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Municipality |
Significant statewide |
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The required local
activities in this bill may represent a state mandate pursuant to the
Constitution of Maine. If the bill does require a local unit of government to
expand or modify its activities so as to necessitate additional expenditures
from local revenue, the state mandate provisions of the Constitution of Maine
require either: (1) General Fund appropriations be provided to fund at least
90% of any additional necessitated local costs of the mandate; or (2) a
Mandate Preamble be added to the bill and two-thirds of the members of each
House vote to exempt the mandate from the funding requirement. If the bill
does represent a state mandate and neither one of these actions occurs, the
local units of government will not be required to implement the mandated
activities. |
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Fiscal Detail
and Notes |
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The Department of
Health and Human Services will require General Fund appropriations of
$103,104 beginning in fiscal year 2021-22 for increased legal costs to the
Department of Health and Human Services due to an expected increase in
litigation. |
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