An Act Concerning Persons Who Bold Durable Powers of Attorney or Act as Responsible Parties for Residents of Lon9-term Care Facilities Further amend the bill by striking out everything after the title and before the summary and inserting in its place the following: . 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 Page l-LR1l22(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 1179
Committee Amendment CA_A_S248 (Senate)

COMMITTEE AMENDMENT .. A· to S.P. 407, L.D. 1179, Bill, "An 
Act To Establish Duties for Persons Who Hold Durable Powers of 
Attorney or Act as Responsible Parties for Residents of Long-term 
Care Facilities" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act Concerning Persons Who Bold Durable Powers of Attorney or 
Act as Responsible Parties for Residents of Lon9-term Care 
Facilities' 
Further amend the bill by striking out everything after the 
title and before the summary and inserting in its place the 
following: 
. 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 
Page l-LR1l22(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A to S.P. 407, L.D. 1179 
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 wi thin 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 foUows: 
Sec. I. I8·A MRSA §S-404, sub-§(c) is enacted to read: 
(c) 
A petition for a protective order made under oath may 
be 
used 
to 
initiate 
court 
consideration. 
accounting 
and 
remediation of the actions of any individual responsible for the 
management of the property or affairs of another. 
In the case of 
an emergency. the petition must be given priority scheduling by 
the court. 
(1) 
The petition must include the following information and 
may include other information required by rule: 
(i} 
Ngm~. 
ggdr~§s 
ang 
t~l~phQn~ 
numb~r 
Qf 
the 
petitioner ; 
(ii } 
Name. 
addr~s§ 
and 
t~l§lphQne 
number 
of 
the 
prin~ipgl. 
(iii} 
Ngme. gdgre§s gnd telephQne number Qf th§l person 
with 
gctugl 
or 
apparent 
authQrity 
tQ 
mangge 
the 
prQP§lrty or gffairs Qf the principgl. 
(iv} 
Fgct§ concerning the extent gnd nature Qf the 
principgl's 
inability 
tQ 
mgnag§l 
the 
principgl's 
prQperty 
or 
affgirs 
effectively 
and 
gny 
facts 
sYPPQrting an allegatiQn that an emergency exists; 
(v) 
Fgct§ cQncerning the extent ang nature of th§l 
gctugl Qr gpparent agent's 19ck Qf mgnggement of the 
principgl's prQperty or gffgirs. 
If gpplicabl§l. fgcts 
describing 
how 
the 
petitiQner 
has 
glregdy 
b§len 
adv§lr§ely gffect§lg by the lack of management of the 
principgl's prQperty Qr gffgirs. gnd 
(vi} 
Names. gddres§e§ gnd relation§hips of gIl persons 
who are required to rec§live notice of the petition. 
COMM/rrEE AMENDMENT 
,-~~" 
COMMITTEE AMENDMENT .. A, to S.P. 407, L.D. 1179 
(2) 
This subsection does not limit any other EurEose for 
the use of a Eetition for a protective order or any other 
remeqy available to the court. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and converts the bill into 
emergency legislation. 
It also changes the title. 
This 
amendment 
provides specific 
language 
authorizing 
a 
petition for 
a 
protective order 
from 
the 
Probate Court 
to 
initiate 
court 
consideration, 
accounting 
and 
remediation 
of 
actions taken by a person responsible for the property or affairs 
of another person, referred to as the principal. 
This amendment 
lists the information that must be included in the petition, 
including facts describing how the petitioner has been adversely 
affected by the lack of management of the principal's property or 
affairs. 
COMMITTEE AMENDMENT