An Act To Implement the Recommendations of the Probate and Trust Law Advisory Commission Concerning the Probate Code
Maine Legislature, Session 127, LD 1322
Committee Amendment CA_A_H539 (House)

COMMITTEE AMENDMENT "A" to H.P. 900, L.D. 1322, Bill, "An Act To 
Implement the Recommendations of the Probate and Trust Law Advisory Commission 
Concerning the Probate Code" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Direct Legislative Staff To Recodify and Revise the Maine Probate 
Code and To Direct the Probate and Trust Law Advisory Commission and the 
Family Law Advisory Commission To Study and Make Recommendations on 
Related Issues' 
Amend the bill by striking out everything after the title and inserting the following: 
'Sec. 1. Recodification and revision of the Probate Code. Resolved: That 
the Office of Policy and Legal Analysis and the Office of the Revisor of Statutes, referred 
to in this resolve as "legislative staff," shall prepare a recodification and revision of the 
Maine Revised Statutes, Title 18-A, the Probate Code, for introduction in the First 
Regular Session of the I 28th Legislature. 
The recodification and revision must 
incorporate substantive changes recommended by the Probate and Trust Law Advisory 
Commission, as established in Title 5, section 12004-I, subsection 73-B, in the December 
6, 2014 report to the Joint Standing Committee on Judiciary and the revisions submitted 
November 20, 2015. Legislative staff shall consult with the Probate and Trust Law 
Advisory Commission and other interested parties in preparing the recodification and 
revision. 
Legislative staff shall submit the recodification and revision to the joint standing 
committee of the Legislature have jurisdiction over judiciary matters no later than 
January 15, 2017; and be it further 
Sec. 2. Supported decision making. Resolved: That the Probate and Trust 
Law Advisory Commission shall examine the concept of supported decision making, 
consult with interested parties and make recommendations concerning inclusion of 
supported decision making in the Probate Code, including any proposed legislation, in a 
report no later than January 15, 2017 to the joint standing committee of the Legislature 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT ·ll· to H.P. 900, L.D. 1322 
' 
having jurisdiction over judiciary matters. The committee may report out legislation to 
the First Regular Session of the 128th Legislature related to the subject of the report; and 
be it further 
Sec. 3. Minor guardianship; adoption; parental rights. Resolved: That the 
Family Law Advisory Commission, as established in the Maine Revised Statutes, Title 5, 
section 12004-1, subsection 52-A, shall oversee a comprehensive review of the laws and 
procedures concerning minor guardianship and adoption and other provisions implicating 
parental rights throughout the Probate Code, including, but not limited to, an evaluation 
of the extent to which such laws, procedures and provisions are consistent with family 
law policy as set forth elsewhere in the Maine Revised Statutes. The commission shall 
ensure the involvement of interested parties and make recommendations, including any 
proposed legislation, in a report no later than January 15, 2017 to the joint standing 
committee of the Legislature having jurisdiction over judiciary matters. The committee 
may report out legislation to the First Regular Session of the 128th Legislature related to 
the subject of the report.' 
SUMMARY 
This amendment replaces the bill, which was a concept draft, with a resolve. 
The amendment directs the Office of Policy and Legal Analysis and the Office of the 
Revisor of Statutes to prepare a bill that recodifies and revises the Probate Code, 
currently the Maine Revised Statutes, Title 18-A. The recodification and revision must 
include the substantive changes recommended by the Probate and Trust Law Advisory 
Commission in 2014 and 2015. The bill must be submitted to the First Regular Session 
of the 128th Legislature. 
The amendment directs the Probate and Trust Law Advisory Commission to study 
the concept of supported decision making, consult with interested parties and make 
recommendations concerning inclusion of supported decision making in the Probate 
Code, including any proposed legislation, in a report no later than January 15, 2017 to the 
joint standing committee of the Legislature having jurisdiction over judiciary matters. 
The committee may report out legislation to the First Regular Session of the 128th 
Legislature related to the subject of the report. 
The amendment directs the Family Law Advisory Commission to oversee a 
comprehensive review of the laws and procedures concerning minor guardianship and 
adoption and other provisions implicating parental rights throughout the Probate Code, 
including, but not limited to, an evaluation of the extent to which such laws, procedures 
and provisions are consistent with family law policy as set forth in other Maine statutes. 
The commission is required to ensure that interested parties are involved in the review 
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and to make recommendations, including any proposed legislation, in a report no later 
than January 15, 2017 to the joint standing committee of the Legislature having 
jurisdiction over judiciary matters. The committee may report out legislation to the First 
Regular Session of the 128th Legislature related to the subject of the report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 02/18/16 
feac. 
LD 1322 
LR 311(03) 
An Act To Implement the Recommendations of the Probate and Trust Law Advisory Commission 
Fiscal Detail and Notes 
Concerning the Probate Code 
) \ 
Fiscal Note for Bill as Amended by Committee Amendment 'A' ( tt .,,.. 5 3 ~ 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Legislature's Office of the Revisor of Statutes and Office of Program and Legal Analysis are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR03 l 1(03) - Fiscal Note - Page 1 of 1