An Act To Further Define Duties for Persons Who Hold Powers of Attorney or Act as Agents for Residents of Long-term Care Facilities
Maine Legislature, Session 127, LD 1049
Committee: Judiciary
Sponsors: MARTIN, ROSEN, FARNSWORTH, GATTINE, MALABY, PETERSON, STUCKEY, BURNS, HASKELL
Amends: 22 MRSA §1826, 22 MRSA §1826-A

Legislative Document 
No. 1049 
H.P. 718 
House of Representatives, March 24, 2015 
An Act To Further Define Duties for Persons Who Hold Powers of 
Attorney or Act as Agents for Residents of Long-term Care 
Facilities 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MARTIN of Eagle Lake. 
Cosponsored by Senator ROSEN of Hancock and 
Representatives: FARNSWORTH of Portland, GATTINE of Westbrook, MALABY of 
Hancock, PETERSON of Rumford, STUCKEY of Portland, Senators: BURNS of Washington, 
HASKELL of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1826, sub-§2, ¶I, as enacted by PL 1985, c. 291, §1, is 
amended to read: 
I.  No contract or agreement may contain a provision which that provides for the 
payment of attorneys' attorney's fees or any other cost of collecting payments from 
the resident, except that attorney's fees and costs may be collected against any agent 
under a power of attorney who breaches the agent's duties as set forth in section 
1826-A or Title 18-A, section 5-914. 
Sec. 2.  22 MRSA §1826-A is enacted to read: 
§1826-A.  Agent's duties to principals who are residents of long-term care facilities 
to seek and obtain MaineCare benefits and other available payment sources 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Agent" means an individual who holds a power of attorney for payment of 
financial obligations of a principal who resides in or is applying to reside in a long-
term care facility and includes an individual who has executed as an agent either the 
standardized nursing facilities admissions contract or the standard contract for 
licensed assisted living programs, each promulgated by the department. 
B.  "Long-term care facility" means a nursing facility or unit licensed pursuant to 
chapter 405 or an assisted living facility or program or a residential care facility 
licensed pursuant to chapter 1663 or 1664. 
C.  "Principal" means a resident of a long-term care facility or a person applying for 
admission as a resident at a long-term care facility. 
D.  "Principal's resources" includes assets, income, pensions, cash benefits, insurance 
proceeds and other resources available or belonging to a principal. 
2.  Obligated to fulfill duties.  An agent is obligated to fulfill each of the duties set 
forth in this section and Title 18-A, section 5-914, including but not limited to duties to 
act in good faith, to act loyally for the principal's benefit, to act with care, competence 
and diligence for the sole interest of the principal and to cooperate with any persons 
having authority to make health care decisions for the principal.  The agent may not 
engage in self-dealing that is contrary to the interests of the principal. 
3.  Coverage and payment of health care expenses.  If a principal may be eligible 
for coverage of health care expenses by the Medicare or MaineCare programs or any 
other federal or state public health insurance program that provides coverage and 
payment for long-term care facility services, the agent shall promptly apply for coverage 
and shall comply with all requirements governing these programs.  If the principal is 
covered by private health insurance or long-term care insurance that provides benefits for 
the care provided by the long-term care facility, the agent shall take all appropriate and 
necessary actions in a timely fashion to claim these benefits and to comply with all 
related regulatory requirements.  Except for any exclusions or allowances provided for 
under a public health insurance program, the agent shall apply the principal's resources to 
make timely payment to the long-term care facility for services rendered to the principal. 
4.  Standard contract changes.  The department shall amend the terms and 
requirements of the standardized nursing facilities admissions contract set forth in section 
1826 and the standard contract for licensed assisted living programs set forth in 
applicable rules to incorporate the duties and requirements set forth in this section and 
Title 18-A, section 5-914. 
5.  Remedies for breach of duties.  If there is reasonable cause to believe that an 
agent has breached the duties set forth in this section and Title 18-A, section 5-914, the 
Attorney General, the department, the long-term care ombudsman under chapter 1453, 
the affected long-term care facility or other person interested in the estate, affairs or 
welfare of the principal, including the principal's parent, guardian, custodian, spouse or 
domestic partner, may file a petition in Probate Court.  The petition may request the court 
to: 
A.  Determine whether the agent's acts or omissions are in breach of the duties owed 
to the principal; 
B.  Compel the agent to submit an accounting or report of any actions and omissions 
on behalf of the principal; 
C.  Seek restitution from the agent of any misappropriated resources of the principal; 
D.  Terminate the power of attorney; or 
E.  Take any action appropriate to the circumstances. 
SUMMARY 
This bill defines duties on the part of persons who hold powers of attorney or act as 
agents for residents of long-term care facilities or for persons applying to become 
residents of long-term care facilities and requires them to promptly apply for coverage of 
services under the MaineCare and other applicable payment programs and comply with 
all requirements governing these programs.  It also provides remedies for breach of those 
duties. 
The bill further requires the Department of Health and Human Services to amend the 
terms and requirements of the standardized nursing facilities admissions contract set forth 
in the Maine Revised Statutes, Title 22, section 1826 and the standard contract for 
licensed assisted living programs set forth in applicable rules to incorporate these several 
duties and requirements. 
The bill also permits collection of attorney's fees and costs from persons who breach 
the duties established by this bill.