An Act To Amend the Laws Governing Improvident Transfers of Title
Maine Legislature, Session 121, LD 1275
Committee: Judiciary
Sponsors: NORBERT, GILMAN, CLOUGH, SIMPSON, PENDLETON
Amends: 33 MRSA §1023

Legislative Document 
No. 1275 
H.P.947 
House of Representati ves, March 11, 2003 
An Act To Amend the Laws Governing Improvident Transfers of 
Title 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative NORBERT of Portland. 
Cosponsored by Senator GILMAN of Cumberland and 
'77/~frJ.~ 
Mll.LICENT M. MacFARLAND 
Clerk 
Representatives: CLOUGH of Scarborough, SIMPSON of Auburn, Senator: PENDLETON of 
Cumberland. 
Printed on recyoled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 33 MRSA §I022, as enacted by PL 1987, c. 699, §1, is 
amended to read: 
§1022. 
Undue inf1uence 
1. 
Presumption. 
In any transfer of real estate or major 
transfer of 
personal property or 
money 
for 
less 
than full 
consideration or execution of a guaranty by an elderly person who 
is 
dependent 
on others 
to 
a 
person with 
whom 
the elderly 
dependent person has a confidential or fiduciary relationship, it 
shall--ae ~ presumed that the transfer or execution was the 
result of undue influence, unless the elderly dependent person 
was 
represented in the transfer or execution by 
independent 
counsel. 
When the elderly dependent person successfully raises 
the presumption of undue influence by a preponderance of the 
evidence and when the transferee or person who benefits from the 
execution of 
a 
guaranty fails to rebut the presumption, 
the 
elderly dependent person shall--ae is entitled to avoid the 
transfer or execution and ae entitled to the relief set forth in 
section 1024. 
2. 
Confidentia1 or fiduciary relationship. 
For the purpose 
of this section, 
the transfer of property or execution of a 
guaranty is deemed to 
have 
been 
made 
in the 
context of 
a 
confidential or 
fiduciary 
relationship if the 
transferee 
or 
person who benefits from the execution of a guaranty had a close 
relationship with the elderly dependent person prior to the 
transfer or execution. 
Confidential or fiduciary relationships 
include the following: 
A. 
A 
family 
relationship 
between 
the elderly dependent 
person and the transferee or person who benefits from the 
execution of a guaranty, including relationships by marriage 
and adoption; 
B. 
A fiduciary relationship between the elderly 
person and the transferee or person who benefits 
~e~x~e~c~u~t~ixo~n~_o~f __ ~a __ ~g~u~a~r~a~n~t~y, 
such 
as 
with 
a 
conservator, 
advisor; 
trustee, 
accountant, 
broker 
or 
dependent 
from the 
guardian, 
financial 
c. 
A relationship between an elderly dependent person and a 
physician, nurse or other medical or health care provider; 
D. 
A relationship between the elderly dependent person and 
a psychologist, social worker or counselor; 
E. 
A relationship between the elderly dependent person and 
an attorney; 
F. 
A relationship between the elderly dependent person and 
a priest, minister, rabbi or spiritual advisor; 
G. 
A relationship between the elderly dependent person and 
a 
person who 
provides care or services to that person 
whether or not care or services are paid for by the elderly 
person; 
H. 
A relationship between an elderly dependent person and a 
friend or neighbor; or 
I. 
A relationship between an elderly dependent person and a 
person sharing the same living quarters. 
When any of these relationships exist and when a transfer or 
execution is made to a corporation or organization primarily on 
account of the membership, ownership or employment interest or 
for the benefit of the fiduciary or confidante, a fiduciary or 
confidential relationship with the corporation or organization is 
deemed to exist. 
Sec. 2. 33 MRSA §1023, as amended by PL 1989, c. 238, §§2 and 
4, is further amended to read: 
§I023. 
Civil action; relief available 
1. 
Civil action. 
A civil action may be brought to obtain 
relief under this chapter by an elderly dependent person 9FL that 
person's legal representative or the personal representative of 
the estate of an elderly dependent person. 
2. 
Relief available; protected transfers and executions. 
When a court finds that a transfer of property or execution of a 
guaranty was 
the result of 
undue 
influence, it shall grant 
appropriate relief enabling the elderly dependent person to avoid 
the 
transfer 
or 
execution, 
including 
the 
rescission 
or 
reformation of a deed or other instrument, the imposition of a 
constructive trust on property or an order enjoining use of or 
entry on property or commanding the return of property. 
When the 
court finds that undue influence is a good and valid defense to a 
transferee's suit on a contract to transfer the property or a 
suit of a person who benefits from the execution of a guaranty on 
that guaranty, the court shall refuse to enforce the transfer or 
guaranty. 
No relief obtained or granted under this section may 
affect or limit the right, title and interest of 
in any way 
good faith 
purchasers, mortgagees, holders of security interests or other 
3rd parties who obtain an interest in the transferred property 
for value after its transfer from the elderly dependent person. 
No relief obtained or granted under this section may affect any 
mortgage deed to the extent of value given by the mortgagee. 
SUMMARY 
This bill extends the protections of the laws governing 
improvident transfers of title to a guaranty made by an elderly 
dependent person. 
It also extends the protections of the laws 
governing 
improvident 
transfers 
of 
title 
to 
the 
personal 
representative of the estate of an elderly dependent person.