18-C M.R.S. § 6-202 — ME Code / Title 18-C / Chapter 6 / Section 6-202
18-C §6-202. Limitation on scope of Part
Status: in_force

This Part does not apply to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Business purpose. An account established for a partnership, joint venture or other organization for a business purpose; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Controlled by agent or trustee. An account controlled by one or more persons as an agent or trustee for a corporation, unincorporated association or charitable or civic organization; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Other relationship. A fiduciary or trust account in which the relationship is established other than by the terms of the account. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-904 — ME Code / Title 18-C / Chapter 5 / Section 5-904
18-C §5-904. Power of attorney is durable
Status: in_force

A power of attorney created under this Part is durable unless it expressly provides that it is terminated by the incapacity of the principal. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-707 — ME Code / Title 18-C / Chapter 5 / Section 5-707
18-C §5-707. Duties and powers of a public guardian or conservator
Status: in_force

A public guardian or conservator has the same powers, rights and duties respecting the individual subject to guardianship or the individual subject to conservatorship as provided for guardians and conservators by the other Parts of this Article except as otherwise specifically provided in this Part, including the following particular provisions. [PL 2019, c. 417, Pt. A, §98 (AMD).]

1. Placement in licensed facility; removal. A public guardian may place an individual subject to guardianship in a facility described in Title 22, section 1811 only if the facility is duly licensed. In the event that the license of any such facility is suspended or revoked, the public guardian having any individual subject to guardianship placed in that facility shall remove the individual and effect an appropriate placement of the individual as soon as practicable after knowledge of the suspension or revocation of the license. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Examination and evaluation; report to court. [PL 2019, c. 417, Pt. A, §99 (RP).]

3. Records. [PL 2019, c. 417, Pt. A, §99 (RP).]

4. In absence of kin, autopsy and burial. A public guardian, in the absence of available next of kin, may authorize the performance of an autopsy upon the body of a deceased individual subject to guardianship. The public guardian, in the absence of available next of kin, or in the event that next of kin refuses to assume responsibility for the deceased individual subject to guardianship, shall cause any deceased individual subject to guardianship to be suitably buried and has authority to expend funds of the individual for that purpose, and in the event the individual is without funds at the time of death, the public guardian shall cause the individual to be suitably buried at public expense, as in the case of the burial of any other deceased indigent person. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-813 — ME Code / Title 18-C / Chapter 5 / Section 5-813
18-C §5-813. Effect of copy
Status: in_force

A copy of a written advance health care directive, revocation of an advance health care directive or designation or disqualification of a surrogate has the same effect as the original. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-204 — ME Code / Title 18-C / Chapter 2 / Section 2-204
18-C §2-204. Decedent's net probate estate
Status: in_force

The value of the augmented estate includes the value of the decedent's probate estate reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property and enforceable claims. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-909 — ME Code / Title 18-C / Chapter 5 / Section 5-909
18-C §5-909. When power of attorney effective
Status: in_force

1. Effective when executed unless otherwise provided. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Future event or contingency; determination. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Incapacity; determination. If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by: A. A physician that the principal is incapacitated within the meaning of section 5‑902, subsection 5, paragraph A ; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. An attorney, a judge or an appropriate governmental official that the principal is incapacitated within the meaning of section 5‑902, subsection 5, paragraph B . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Personal representative pursuant to federal law. A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the federal Health Insurance Portability and Accountability Act of 1996, 42 United States Code, Section 1320d et seq., as amended, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-945 — ME Code / Title 18-C / Chapter 5 / Section 5-945
18-C §5-945. Retirement plans
Status: in_force

1. Definition. As used in this section, "retirement plan" means a plan or account created by an employer, the principal or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary or owner, including a plan or account under the following sections of the federal Internal Revenue Code: A. An individual retirement account under 26 United States Code, Section 408, as amended; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. A Roth individual retirement account under 26 United States Code, Section 408A, as amended; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. A deemed individual retirement account under 26 United States Code, Section 408(q), as amended; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. An annuity or mutual fund custodial account under 26 United States Code, Section 403(b), as amended; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. A pension, profit-sharing, stock bonus or other retirement plan qualified under 26 United States Code, Section 401(a), as amended; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. A plan under 26 United States Code, Section 457(b), as amended; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] G. A nonqualified deferred compensation plan under 26 United States Code, Section 409A, as amended. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. General authority. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to: A. Select the form and timing of payments under a retirement plan and withdraw benefits from a plan; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Establish a retirement plan in the principal's name; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. Make contributions to a retirement plan; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. Exercise investment powers available under a retirement plan; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. Borrow from, sell assets to or purchase assets from a retirement plan. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 705 — ME Code / Title 18-B / Part 1 / Chapter 7 / Section 705
18-B §705. Resignation of trustee
Status: in_force

1. Resignation. A trustee may resign: A. Upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. With the approval of the court. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Approval by court. In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

3. Liability. Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 2-509 — ME Code / Title 18-C / Chapter 2 / Section 2-509
18-C §2-509. Incorporation by reference
Status: in_force

Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 902 — ME Code / Title 18-B / Part 1 / Chapter 9 / Section 902
18-B §902. Standard of care; portfolio strategy; risk and return objectives
Status: in_force

1. Consideration of purposes, terms, distribution requirements and other circumstances. A trustee shall invest and manage trust assets, as a prudent investor would, by considering the purposes, terms, distribution requirements and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill and caution. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Overall investment strategy. A trustee's investment and management decisions respecting individual assets must be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

3. Relevant circumstances to consider. Among circumstances that a trustee shall consider in investing and managing trust assets are all of the following that are relevant to the trust or its beneficiaries: A. General economic conditions; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. The possible effect of inflation or deflation; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] C. The expected tax consequences of investment decisions or strategies; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] D. The role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible and intangible personal property and real property; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] E. The expected total return from income and the appreciation of capital; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] F. Other resources of the beneficiaries, to the extent the other resources are known to the trustee; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] G. Needs for liquidity, regularity of income and preservation or appreciation of capital; and [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] H. An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

4. Reasonable effort to verify facts. A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

5. Kind of property; type of investment. A trustee may invest in any kind of property or type of investment consistent with the standards of this chapter. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 5-407 — ME Code / Title 18-C / Chapter 5 / Section 5-407
18-C §5-407. Professional evaluation
Status: in_force

1. Evaluation; report. The respondent must be examined by a licensed physician or psychologist who is acceptable to the court, who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and who will not be advantaged or disadvantaged by a decision to grant the petition and does not otherwise have a conflict of interest. The individual conducting the evaluation shall file a report in a record with the court at least 10 days before any hearing on the petition. Unless otherwise directed by the court, the report must contain: A. A description of the nature, type and extent of the respondent's cognitive and functional abilities and limitations with regard to the management of the respondent's property and financial affairs; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. An evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior and social skills; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. A prognosis for improvement with regard to the ability to manage the respondent's property and financial affairs; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. The date of the examination on which the report is based. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Right to decline. The respondent has the right to decline to participate in an evaluation ordered under subsection 1 . If the respondent declines to participate in an evaluation ordered under subsection 1 , the petitioner may request an examination under the Maine Rules of Civil Procedure, Rule 35. [PL 2019, c. 417, Pt. A, §59 (AMD).]
18-C M.R.S. § 3-307 — ME Code / Title 18-C / Chapter 3 / Section 3-307
18-C §3-307. Informal appointment proceedings; delay in order; duty of register; effect of appointment
Status: in_force

1. Duty to appoint; delay in order. Upon receipt of an application for informal appointment of a personal representative, other than a special administrator as provided in section 3‑614 , if at least 120 hours have elapsed since the decedent's death, the register, after making the findings required by section 3‑308 , shall appoint the applicant subject to qualification and acceptance. If the decedent was a nonresident, the register shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant or unless the decedent's will directs that the decedent's estate be subject to the laws of this State. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Effect of appointment. The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative it creates, is subject to termination as provided in sections 3‑608 to 3‑612 but is not subject to retroactive vacation. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]