An Act To Promote the Financial Security of Maine's Families and Children (AFTER DEADLINE)
Maine Legislature, Session 121, LD 1579
Committee: Judiciary
Sponsors: DUDLEY, DAGGETT, BULL, COWGER, NORBERT, PINGREE, RICHARDSON, BRENNAN, MAYO, TURNER
Amends: 18-A MRSA §1, 18-A MRSA §3, 18-A MRSA §5, 22 MRSA §2843-A

Legislative Document 
No. 1579 
H.P.1152 
House of Representatives, April 16,2003 
An Act To Promote the Financial Security of Maine's Families and 
Children 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative DUDLEY of Portland. 
Cosponsored by President DAGGETT of Kennebec and 
7r/~ 
/J7.77ju~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BULL of Freeport, COWGER of Hallowell, NORBERT of Portland, 
PINGREE of North Haven, RICHARDSON of Brunswick, Senators: BRENNAN of 
Cumberland, MAYO of Sagadahoc, TURNER of Cumberland. 
Printed on recyclet1 paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 18-A MRSA §1-201, sub-§§(10-A) and (10-B) are enacted to 
read: 
(10-A) 
"Domestic partner" 
means 
an 
individual 
who 
has 
signed and filed in the office of the Secretary of State a 
notarized affidavit attesting to a domestic partnership. 
For the 
purposes of sections 2-102, 3-203, 5-311 and 5-410, a domestic 
partner is deemed to be the eguivalent of a Surv1v1ng spouse or a 
spouse notwithstanding any other legal or familial relationship 
the 
domestic 
partner 
may 
have 
with 
the 
decedent, 
the 
incapacitated person or the protected person. 
(10-B) 
"Domestic partnership" means the legal relationship 
that is formed between 2 individuals under this subsection. 
Two 
individuals may form a domestic partnership if they meet the 
following criteria: 
(i) 
Each individual is a mentally competent adult: 
(ii) 
The 2 individuals have been legally domiciled with 
each other for at least 12 months; 
(iii) 
Neither individual is legally married to, legally 
separated from or registered in a domestic partnership with, 
another individual; 
(iv) 
Each individual is the sole domestic partner of the 
other and expects to remain so; and 
(v) 
The 
individuals are jointly responsible for each 
other' s 
common 
welfare 
as 
evidenced 
by 
joint 
living 
arrangements, 
joint 
financial 
arrangements 
or 
joint 
ownership of real or personal property. 
Sec. 2. 18-A MRS A §1-201, sub-§(17), as enacted by PL 1979, c. 
540, §1, is amended to read: 
(17) 
"Heirs" means those persons, including the surviving 
spouse or surviving domestic partner, who are entitled under the 
statutes of intestate succession to the property of a decedent. 
Sec. 3. 18-A MRS A §1-201, sub-§(20), as amended by PL 1979, c. 
690, §3, is further amended to read: 
(20) 
"Interested 
perso~" 
includes 
heirs, 
devisees, 
children, 
spouses, 
domestic partners L 
creditors, beneficiaries 
and any others having a property right in or claim against a 
trust estate or the estate of a decedent, 
ward or protected 
person whieh .thAt may be affected by the proceeding. It also 
includes persons having priority for appointment as personal 
representative, 
and other fiduciaries 
representing interested 
persons. 
In 
any 
proceeding 
or 
hearing 
under 
Article 
V 
~, 
affecting a trust estate or estate, when the ward or protected 
person has received benefits from the Veterans Administration 
within 
years, 
the 
AdmisistateF 
administrator 
of 
Veterans 
Affairs of the United States shall be an "interested person." The 
meaning as it relates to particular persons may vary from time to 
time and must be determined according to the particular purposes 
of, and matter involved in, any proceeding. 
Sec. 4. 18·A MRSA §2.102, as enacted by PL 1979, c. 540, §1, 
is amended to read: 
§2-102. 
Share of the spouse or domestic partner 
The intestate share of the surviving spouse or surviVing 
domestic partner is: 
(1) 
If there is no 
surv~v~ng issue or parent of the 
decedent, the entire intestate estate+L 
(2) 
If there is no surviving issue but the decedent is 
survived by a parent or parents, the first $50,000, plus 1/2 of 
the balance of the intestate estate; 
(3) 
If there are surviving issue all of whom are issue of 
the surviving spouse or 
surv~v~ng domestic partner also, 
the 
first $50,000, plus 1/2 of the balance of the intestate estate; or 
(4) 
If there are surviving issue one or more of whom are 
not issue of the surviving spouse Qr surviving domestic partner, 
1/2 of the intestate estate. 
Sec. 5. 18·A MRSA §2·103, as amended by PL 1981, c. 94, is 
further amended to read: 
§2-103. 
Share of heirs other than surviving spouse or survivinq 
domestic partner 
The 
surviving 
2-102, or 
surviving 
part 
of 
the 
intestate estate 
not 
passing to 
the 
spouse or 
surv~v~ng domestic partner under section 
the entire estate if there is no surviving spouse QL 
domestic partner, passes as follows: 
(1) 
To the issue of the decedent; to be distributed per 
capita at each generation as defined in section 2-106; 
(2) 
If there is no surviving issue, 
to the decedent's 
parent or parents equally; 
(3) 
If there is no surviving issue or parent, to the issue 
of the parents or either of them to be distributed per capita at 
each generation as defined in section 2-106; 
(4) 
If there is no surviving issue, parent or issue of a 
parent, but the decedent is survived by one or more grandparents 
or issue of grandparents, 
half of the estate passes to the 
paternal grandparents if both 
survive, 
or 
to 
the 
surviving 
paternal 
grandparent, 
or 
to 
the 
issue 
of 
the 
paternal 
grandparents if both are deceased to be distributed per capita at 
each generation as defined in section 2-106; and the other half 
passes to the maternal relatives in the same manner; but if there 
ee ~ no surviving grandparent or issue of grandparents on either 
the paternal or maternal side, the entire estate passes to the 
relatives on the other side io the same manner as the halfT~ 
(5) 
If there is no surviving issue, parent or issue of a 
parent, grandparent or issue of a grandparent, but the decedent 
is survived by one or more great grandparents or issue of great 
grandparents, half of the estate passes to the paternal great 
grandparents who survive, or to the issue of the paternal great 
grandparents if all are deceased, to be distributed per capita at 
each generation as defined in section 2-106; and the other half 
passes to the maternal relatives in the same manner; but if there 
is no surviving great grandparent or issue of a great grandparent 
on either the paternal or maternal side, the entire estate passes 
to the relatives on the other side in the same manner as the half. 
Sec. 6. 18-A MRSA §3-203, sub-§(a), 1[(2), as enacted by PL 1979, 
c. 540, §1, is amended to read: 
(2) 
The surviving spouse or surviving domestic partner of 
the decedent who is a devisee of the decedent; 
Sec. 7. 18-A MRSA §3-203, sub-§(a), 1[(4), as enacted by PL 1979, 
c. 540, §l, is amended to read: 
(4) 
The surviving spouse or surviving domestic partner of 
the decedent; 
Sec. 8. 18-A MRSA §5-311, sub-§(b), ,(2), as enacted by PL 1979, 
c. 540, §1, is amended to read: 
(2) 
The spouse or domestic partner of the incapacitated 
person; 
Sec. 9. 18-A MRS A §5-3II, sub-§(c), ,(I), as enacted by PL 1995, 
c. 51, §1, is amended to read: 
(1 ) 
The spouse or domestic partner of the incapacitated 
person; 
Sec. 10. 18-A MRSA §5-4IO, sub-§(a), ,(3), as enacted by PL 
1979, c. 540, §1, is amended to read: 
(3) 
The spouse or domestic partner of the protected person; 
Sec. 11. 22 MRSA §2843-A, sub-§I, ,-B-1 is enacted to read: 
B-1. 
"Domestic partner" has the same meaning as in Title 
18-A, section 1-201, sub-§(10-A). 
Sec. 12. 22 MRSA §2843-A, sub-§I, tn, as enacted by PL 1993, 
c. 609, §1, is amended to read: 
D. 
"Next of kin" 
relationship to the 
priority: 
means 
a 
subject, 
person having the 
in the 
following 
(1) 
The spouse or domestic partner; 
(2) 
An adult son or daughter; 
(3) 
A parent; 
(4) 
An adult brother or sister; 
(5) 
An adult grandchild; 
following 
order of 
(6) 
An adult niece or nephew who is the child of a 
brother or sister; 
(7) 
A maternal grandparent; 
(8) 
A paternal grandparent; 
(9) 
An adult aunt or uncle; 
(10) 
An adult first cousin; or 
(11) 
Any other adult relative in descending order of 
blood relationship. 
Sec. 13. 22 MRSA §2843-A, sub-§3, as enacted by PL 1993, c. 
609, §1, is amended to read: 
3. 
Estranqed spouse or dOlllestic partner. 
Notwithstanding 
subsection 2, 
if the surviving spouse or 
sury~v~ng domestic 
partner and the subject were estranged at the time of death, the 
spouse or domestic partner may not have custody and control of 
the subject's remains. 
In these cases, 
custody and control 
belong to the next of kin following the spouse or domestic 
partner. 
SUMMARY 
This 
bill 
provides 
for 
domestic 
partners 
in 
certain 
provisions of the Probate Code and in the laws governing the 
custody of remains of deceased persons.