An Act To
Maine Legislature, Session 125, LD 1186
Committee Amendment CA_A_S75 (Senate)

COMMITTEE AMENDMENT "It" to S.P. 361, L.D. 1186, Bill, "An Act To 
Amend the Probate Code Relating to the Authority of the Probate Court To Approve 
Transfers from a Protected Person's Estate" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. lS-A MRSA §5-40S, sub-§(6), as enacted by PL 2005, c. 12, Pt. DDD, 
§4 and affected by § 17, is amended to read: 
(6). The court may authorize a gift or other transfer for less than fair market value 
from the protected person's estate other than to the protected person's spouse or 
dependent, blind or disabled child if the court finds that the gift or other transfer vAll not, 
direotly or indirectly, diminish the proteoted person's estate in order to qualify for federal 
or state aid or benefits, including the MaineGare program under Title 22, ohapter 855, and 
lithe court finds: 
(a). That the remaining estate assets of the protected person are sufficient for the 
protected person's care and maintenance for the next :;6 60 months, including due 
provision for the protected person's established standard of living and for the support 
of any persons the protected person is legally obligated to support and any 
dependents of the protected person; and 
(b). 
That the gift or other transfer will not hasten the date of eligibility for 
MaineCare coverage of the protected person's long-term care expenses during the 
next:;6 60 months. 
This subsection does not prevent a transfer If the gift or other transfer is being made to 
the protected person's spouse or blind or disabled child or to a trust established pursuant 
to 42 United States Code, Section 1396p(d)(4), or ~ otherwise specifically allowed 
without a transfer penalty by law governing the federal Medicaid program under 42 
United States Code, the court may authorize the gift or other transfer without making the 
findings under paragraphs Ca) and (b). 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to S.P. 361, LD. 1186 
Sec. 2. lS-A MRSA §5-409, sub-§(d), as enacted by PL 2005, c. 12, Pt. DDD, 
§6 and affected by § 17, is amended to read: 
(d). 
The court may authorize a gift or other transfer for less than fair market value 
from the protected person's estate other than to the protected person's spouse or 
dependent, blind or disabled child if the court finds that the gift or other transfer will not, 
directly or indirectly, diminish the protected person's estate in order to qualify for federal 
or state aid or benefits, including the MaineCare program under Title 22, chapter gSS, and 
lithe court finds: 
(1). 
That the remaining estate assets of the protected person are sufficient for the 
protected person's care and maintenance for the next J6 60 months, including due 
provision for the protected person's established standard of living and for the support 
of any persons the protected person is legally obligated to support and any 
dependents of the protected person; and 
(2). 
That the gift or other transfer will not hasten the date of eligibility for 
MaineCare coverage of the protected person's long-term care expenses during the 
next J6 60 months. 
. 
This subsection does not prevent a transfer If the gift or other transfer is being made to 
the protected person's spouse or blind or disabled child or to a trust established pursuant 
to 42 United States Code, Section l396p(d)(4)~ or i§. otherwise specifically allowed 
without a transfer penalty by law governing the federal Medicaid program under 42 
United States Code, the court may authorize the gift or other transfer without making the 
findings under paragraphs (1) and (2). 
Sec.3. lS-A MRSA §5-425, sub-§(b-l), as enacted by PL 2005, c. 12, Pt. DDD, 
§ 8 and affected by § 17, is amended to read: 
(b-l). The court may authorize a gift or other transfer for less than fair market value 
from the protected person's estate other than to the spouse or dependent, blind or disabled 
child if the court fmds that the gift or other transfer vAll not, directly or indirectly, 
diminish the protected person's estate in order to qualify for federal or state aid or 
benefits, including the MaineCare program under Title 22, chapter gS5, and if the court 
finds: 
(1). 
That the remaining estate assets of the protected person are sufficient for the 
protected person's care and maintenance for the next J6 60 months, including due 
provision for the protected person's established standard of living and for the support 
of any persons the protected person is legally obligated to support and any 
dependents of the protected person; and 
(2). 
That the gift or other transfer will not hasten the date of eligibility for 
MaineCare coverage of the protected person's long-term care expenses during the 
next J6 60 months. 
This subsection does not prevent a transfer If the gift or other transfer is being made to 
the protected person's spouse or blind or disabled child or to a trust established pursuant 
to 42 United States Code, Section 1396p( d)( 4)~ or i§. otherwise specifically allowed 
without a transfer penalty by law governing the federal Medicaid program under 42 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,:4 "to S.P. 361, LD. 1186 
United States Code, the court may authorize the gift or other transfer without making the 
findings under paragraphs (1) and (2).' 
SUMMARY 
This amendment clarifies that any gift or transfer that can be made~ithout a transfer 
penalty under applicable federal law may be approved by the Probate Court without the 
court's making findings about the adequacy of the estate or the potential eligibility for 
MaineCare coverage. 
COMMITTEE AMENDMENT