An Act To Require the Department of Health and Human Services To Disclose Information to the Personal Representative of the Estate of an Incapacitated or Dependent Adult Who Dies While under Public Guardianship or Public Conservatorship
Maine Legislature, Session 128, LD 0135
Committee Amendment CA_A_S15 (Senate)
Amends: 22 MRSA §3474

COMMITTEE AMENDMENT" A "to S.P. 54, L.D. 135, Bill, "An Act To Require 
the Department of Health and Human Services To Disclose Information to the Personal 
Representative of the Estate of an Incapacitated or Dependent Adult Who Dies While 
under Public Guardianship or Public Conservatorship" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Authorize the Department of Health and Human Services To Disclose 
Information to the Personal Representative of the Estate of an Incapacitated or 
Dependent Adult Who Dies While under Public Guardianship or Public 
Conservatorship' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §3474, sub-§2, ~' as amended by PL 2007, c. 140, §2, is 
further amended to read: 
I. A member of a panel appointed by the department or the Office of the Attorney 
General to review the death or serious injury of an incapacitated or dependent adult 
or a child; aad 
Sec. 2. 22 MRSA §3474, sub-§2, 1J, as enacted by PL 2007, c. 140, §3 and 
amended by PL 2011, c. 657, Pt. W, §5, is further amended to read: 
J. The local animal control officer or the animal welfare program of the Department 
of Agriculture, Conservation and Forestry established pursuant to Title 7, section 
3902 when there is a reasonable suspicion of animal cruelty, abuse or neglect. For 
purposes of this paragraph, "cruelty, abuse or neglect" has the same meaning as 
provided in Title 34-B, section 1901, subsection 1, paragraph B';'; and 
Sec. 3. 22 MRSA §3474, sub-§2, ,rK is enacted to read: 
K. The personal representative of the estate of an incapacitated or dependent adult 
who dies while under public guardianship or public conservatorship.' 
COMMITTEE AMENDMENT 
COIV[MJTTEE AMENDMENT "P\ "to S.P. 54, L.D. 135 
SUMMARY 
The bill requires the Department of Health and Human Services to disclose 
information in its records under the Adult Protective Services Act to personal 
representatives of the estates of incapacitated or dependent adults who die while under 
public guardianship or public conservatorship. 
This amendment changes the title and replaces the bill to give the Department of 
Health and Human Services the option of disclosing information in its records under the 
Adult Protective Services Act to personal representatives of the estates of incapacitated or 
dependent adults who die while under public guardianship or public conservatorship. 
FISCAL ~OTE REQUIRED 
(See;: aHad1cd) 
COMMITTEE AMENDMENT 
Approved: 03/13/17 feac 
LD 135 
LR 536(02) 
An Act To Require the Department of Health and Human Services To Disclose Information to the 
Personal Representative of the Estate of an Incapacitated or Dependent Adult Who Dies While under 
Fiscal Detail and Notes 
Public Guardianship or Public Conservatorship 
Fiscal Note for Bill as Amended by Committee Amendment ''A" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
( s;-15) 
Any additional costs to the Department of Health and Human Services to adopt the changes in this bill are expected to 
be minor and can be absorbed within existing budgeted resources. 
LR0536(02) - Fiscal Note - Page I of 1