An Act To Correct Errors and Inconsistencies Related to the Maine Uniform Probate Code and To Make Other Substantive Changes
Maine Legislature, Session 129, LD 1535
Committee Amendment CA_A_H632 (House)
Amends: 18-C MRSA §1, 18-C MRSA §3, 18-C MRSA §5, 18-C MRSA §8, 18-C MRSA §9, 18-C MRSA §2, 18-C MRSA §6, 18-C MRSA §7

COMMITTEE AMENDMENT .. ,4,, to H.P. 1118, L.D. 1535, Bill, "An Act To 
Correct Errors and Inconsistencies Related to the Maine Uniform Probate Code and To 
Make Other Substantive Changes" 
Amend the bill by inserting after the enacting clause the following: 
'PART A' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 18-C MRSA §1-201, sub-§44, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
44. Property. "Property" means anything that may be the subject of ownership and 
includes both real and personal property or any interest therein, including a digital asset 
as defined in section 10-102. subsection 9.' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. 18-C MRSA §3-203, sub-§5, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
5. Appointment without priority. Appointment of a person who does not have 
priority, inoluding except priority resulting from renunciation or nomination determined 
pursuant to this section, may be made only in formal proceedings. Before appointing a 
person without priority, the court must determine that those persons having priority, 
although given notice of the proceedings, have failed to request appointment or to 
nominate another person for appointment and that administration is necessary.' 
Amend the bill by inserting after section 12 the following: 
'Sec. 13. 18-C MRSA §5-122, sub-§2, ,rA, as enacted by PL 2017, c. 402, Pt. A, 
§2 and affected by Pt. F, §1, is amended to read: 
A. The guardian's or conservator's proposed action would be inconsistent with this 
Act or any other law. rule or regulation; or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT «A" to H.P. 1118, L.D. 1535 
Sec. 14. 18-C MRSA §5-122, sub-§3, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
3. Report refusal to court. A person that who refuses to accept the authority of a 
guardian or conservator in accordance with subsection 1 or 2 shall report the refusal and 
the reason for refusal to the court. The court on receiving a report shall consider whether 
removal of the guardian or conservator or other action is appropriate.' 
Amend the bill by inserting after section 13 the following: 
'Sec. 14. 18-C MRSA §5-204, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is repealed and the following enacted in its place: 
4. Appointment of a guardian on an emergency basis. The court may appoint a 
guardian on an emergency basis for a minor pursuant to this subsection. 
A. On motion by a person who has also filed a petition for appointment of a guardian 
pursuant to subsection 1. the court may appoint a guardian for the minor on an 
emergency basis if the court finds by a preponderance of the evidence that: 
(1) 
The sworn affidavit or testimony demonstrates that appointment of a 
guardian on an emergency basis is needed to prevent substantial harm to the 
minor's physical health or safety; 
(2) No other person appears to have authority and willingness to act in the 
circumstances; 
(3) Following the procedures set forth in section 5-205, including those for 
appointment of a guardian on an interim basis, will likely result in substantial 
h~ to the minor's health or safety before a guardian can be appointed; 
( 4) A petition has been filed under subsection 1 and there is a substantial 
likelihood that a basis for appointment of a guardian under subsection 2 exists; 
and 
(5) The requirements of this subsection for providing notice have been satisfied. 
B. 
The petitioner bears the burden of proof on the appropriateness of the 
appointment pursuant to this subsection. 
C. The duration of the authority of a guardian appointed pursuant to this subsection 
may not exceed 90 days, and the guardian may exercise only the powers specified in 
the order. 
D. Reasonable notice of the motion for appointment of an emergency guardian and 
the time and place of the hearing on the petition must be given by the petitioner to the 
minor, if the minor has attained 14 years of age, to each living parent of the minor 
and to a person having care or custody of the minor, if other than a parent. The court 
shall hold a hearing on the appointment of the guardian on an emergency basis within 
days but not less than 7 days after the filing of the petition. 
E. The court may dispense with the notice requirement in paragraph D and appoint a 
guardian pursuant to this subsection on a temporary ex parte basis if it finds from 
affidavit or testimony that the minor will be substantially harmed before notice can be 
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completed to all those entitled to receive notice and a hearing can be held on the 
petition. If the guardian is appointed without notice and hearing, the court shall 
schedule a liearing on the appointment of the guardian on an emergency basis within 
days but not less than 7 days after issuance of the order appointing the guardian, 
except that a parent may request that the hearing take place sooner. Notice of the 
appoit).tment and hearing must be given by the petitioner to the minor, if the minor 
has attained 14 years of age, to each living parent of the minor and to a person having 
care or custody of the minor, if other than a parent, within 48 hours after the 
appointment 
F. 
The notices required under this subsection regarding guardianship on an 
emergency basis may be provided orally or in writing using a means that the 
petitioner in good faith believes is the most effective way to ensure actual notice. 
The petitioner shall state in an affidavit the date, time, location and method of 
providing the required notice and to whom the notice was provided or attempted. The 
court shall make a determination as to whether the methods of notices or attempted 
notices by petitioner were reasonably calculated to give notice of the pendency of the 
petition. 
G. Appointment of a guardian on an emergency basis under this subsection is not a 
determination that the conditions required for appointment of a guardian under 
subsection 2 or the notice requirements set forth in section 5-205 have been satisfied. 
Before a guardian may be appointed pursuant to subsection 2, the petitioner must 
meet the notice requirements set forth in this Part and any applicable rules of 
procedure.' 
Amend the bill in section 16 in §5-301 in subsection 1 by inserting at the end a new 
blocked paragraph to read: 
'In making a determination on a petition under this section, including whether supported 
decision making or other less restrictive alternatives are appropriate. the court may 
consider the following factors: any proposed vetting of the person or persons chosen to 
provide support in decision making: reports to the court by an interested party or parties 
regarding the effectiveness of an existing supported decision-making arrangement; or any 
other information the court determines necessary or appropriate to determine whether 
supportive services. technological assistance. supported decision making. protective 
arrangements or less restrictive arrangements will provide adequate protection for the 
respondent.' 
Amend the bill by striking out all of section 18 and inserting the following: 
'Sec. 18. 18-C MRSA §5-304, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 
7 
and affected by Pt. F, § 1, is amended to read: 
2. Interview with petitioner, proposed guardian and respondent. A visitor 
appointed under subsection 1 shall interview the petitioner and the proposed guardian and 
shall. interview .the respondent in person and, in a manner the respondent is best able to 
understand: 
A. Explain to the respondent the substance of the petition, the nature, purpose and 
effect of the proceeding, the respondent's rights at the hearing and the general powers 
and duties of a guardian; 
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B. Determine the respondent's views about the appointment, including views about a 
proposed guardian, the guardian's proposed powers and duties and the scope and 
duration of the proposed guardianship, and general preferences and values; 
C. Inform the respondent of the respondent's right to employ and consult with an 
attorney at the respondent's expense and the right to request a court-appointed 
attorney; and 
D. Inform the respondent that all costs and expenses of the proceeding, including the 
respondent's attorney's fees, may be paid from the respondent's assets.' 
Amend the bill in section 19 in subsection 3 by striking out all of paragraph A (page 
8, line 3 in L.D.) and inserting the following: 
'A. Interview the petitioner and proposed guardian if any·' 
Amend the bill in section 22 by striking out all of subsection 2 (page 8, lines 24 to 30 
in L.D.) and inserting the following: 
'2. Right to decline. The respondent has the right to decline to participate in an 
evaluation ordered under subsection 1. If the respondent declines to participate in an 
evaluation ordered under subsection 1. the petitioner may request an examination under 
the Maine Rules of Civil Procedure. Rule 3 5.' 
Amend the bill in section 24 by striking out all of subsection 6 (page 9, lines 3 to 6 in 
L.D.) and inserting the following: 
16. Attendance by proposed guardian required. Unless excused by the court for 
good cause, the proposed guardian shall attend a hearing under section 5-303 in person. 
Upon a showing of good cause. the court may allow the proposed guardian to participate 
using real-time audiovisual technology or by telephone if real-time audiovisual 
technology is not available.' 
Amend the bill by inserting after section 32 the following: 
'Sec. 33. 18-C MRSA §5-312, sub-§4-A is enacted to read: 
4-A. Appointment without professional evaluation. A professional evaluation 
under section 5-306 is not required before the appointment of an emergency guardian if 
the court finds from the affidavit or testimony that the basis for an emergency has been 
met and the petitioner has good cause for not submitting a professional evaluation before 
the emergency order.' 
Amend the bill in section 36 in subsection 7 in the 2nd line (page 11, line 36 in L.D.) 
by striking out the following: "July" and inserting the following: 'September' 
Amend the bill in section 38 in subsection 4 in the 2nd line (page 12, line 16 in L.D.) 
by striking out the following: "July" and inserting the following: 'September' 
Amend the bill in section 41 in subsection 6 in the 2nd line (page 12, line 36 in L.D.) 
by striking out the following: "July" and inserting the following: 'September' 
Amend the bill in section 45 in subsection 8 in the 2nd line (page 13, line 13 in L.D.) 
by striking out the following: "July" and inserting the following: 'September' 
Amend the bill by striking out all of section 46 and inserting the following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1118, L.D. 1535 
'Sec. 46. 18-C MRSA §5-401, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
2. Conservator for adult; findings. On petition and after notice and hearing, the 
court may appoint a conservator for the property or financial affairs of an adult if the 
court determines by clear and convincing evidence that: 
A. The adult is unable to manage property or financial affairs because: 
(1) Of a limitation in the ability to receive and evaluate information or make or 
communicate decisions even with the use of appropriate supportive services, 
technological assistance and supported decision making that provide adequate 
protection for the respondent; or 
(2) The adult is missing, detained or unable to return to the United States; 
B. Appointment is necessary to: 
(1) A void harm to the adult or significant dissipation of the property of the adult; 
or 
(2) Obtain or provide money needed for the support, care, education, health or 
welfare of the adult, or of an individual entitled to the adult's support, and 
protection is necessary or desirable to obtain or provide money for the purpose; 
and 
C. The respondent's identified needs cannot be met by less restrictive alternatives. 
In making a determination on a petition under this section, including whether supported 
decision making or other less restrictive alternatives are appropriate, the court may 
consider the following factors: any proposed vetting of the person or persons chosen to 
provide support in decision making: reports to the court by an interested PartY or parties 
regarding the effectiveness of an existing supported decision-making arrangement: or any 
other information the court determines necessary or appropriate to determine whether 
supportive services. technological assistance, supported decision making. protective 
arrangements or less restrictive arrangements will provide adequate protection for the 
respondent.' 
Amend the bill by striking out all of sections 49 and 50 and inserting the following: 
'Sec. 49. 18-C MRSA §5-404, sub-§4 is enacted to read: 
4. Order to preserve or apply property while proceeding pending. While a 
petition under section 5-402 is pending. after preliminary hearing and without notice to 
others, the court may issue an order to preserve and apply property of the respondent as 
required for the support of the respondent or an individual who is in fact dependent on the 
respondent.' 
Amend the bill in section 51 in subsection 3 in the first line (page 14, line 23 in L.D.) 
by inserting after the following: 
"with" the following: 
'petitioner, proposed 
conservator and' 
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COMMITTEE AMENDMENT 'jt "to H.P. 1118, L.D. 1535 
Amend the bill in section 51 in subsection 3 in the 2nd line (page 14, line 24 in L.D.) 
by inserting after the following: 
"interview the" the following: 
'petitioner and the 
proposed conservator and shall interview the' 
Amend the bill in section 51 in subsection 4 by striking out all of paragraph A (page 
15, line 4 in L.D.) and inserting the following: 
'}... I11tervie1H the petitio11er a11d proposed cooservator, if atlY:' 
Amend the bill in section 54 by striking out all of subsection 2 (page 15, lines 23 to 
in L.D.) and inserting the following: 
'2. Right to decline. The respondent has the right to decline to participate in an 
evaluation ordered under subsection 1. If the respondent declines to participate in an 
evaluation ordered under subsection 1, the petitioner may request an examination under 
the Maine Rules of Civil Procedure, Rule 35.' 
Amend the bill in section 56 by striking out all of subsection 6 (page 16, lines 3 to 6 
in L.D.) and inserting the following: 
'6. Attendance by proposed conservator required. Unless excused by the court 
for good cause, the proposed conservator shall attend a hearing under section 5-403 in 
person. Upon a showing of good cause, the court may allow the proposed conservator to 
participate using real-time audiovisual technology or by telephone if real-time 
audiovisual technology is not available.' 
Amend the bill by inserting after section 62 the following: 
'Sec. 63. 18-C MRSA §5-413, sub-§3, 1C, as enacted by PL 2017, c. 402, Pt. A, 
§2 and affected by Pt. F, §1, is amended to read: 
C. The petitioner shall state in an affidavit the date, time, location and method of 
providing the required notice under paragraph A and to whom the notice was 
provided. The court shall make a determination as to the adequacy of the method of 
providing notice and whether the petitioner complied with the notice requirements of 
this subsection. The requirements of section .s.--41-0 5-403 do not apply to this section. 
Sec. 64. 18-C MRSA §5-413, sub-§4-A is enacted to read: 
4-A. Appointment without professional evaluation. A professional evaluation 
under section 5-407 is not required before the appointment of an emergency conservator 
if the court finds from the affidavit or testimony that the basis for an emergency has been 
met and the petitioner has good cause for not submitting a professional evaluation before 
the emergency order.' 
Amend the bill in section 65 in subsection 5 in the 2nd line (page 17, line 27 in L.D.) 
by striking out the following: "July" and inserting the following: 'September' 
Amend the bill in section 69 in subsection 6 in the 2nd line (page 18, line 25 in L.D.) 
by striking out the following: "July" and inserting the following: 'September' 
Amend the bill by inserting after section 76 the following: 
'Sec. 77. 18-C MRSA §5-502, sub-§3, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
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3. Factors. In deciding whether to enter an order under this section, the court shall 
consider the factors under sections 5-313 and 5-314 that a guardian must consider when 
making a decision on behalf of an adult subject to guardianship. In addition, in deciding 
whether to enter an order under this section, including whether supported decision 
making or other less restrictive alternatives are appropriate. the court may consider the 
following factors: any proposed vetting of the person or persons chosen to provide 
support in decision making: reports to the court by an interested party or parties regarding 
the effectiveness of an existing supported decision-making arrangement: or any other 
information the court determines necessary or appropriate to determine whether 
supportive services. technological assistance, supported decision making, protective 
arrangements or less restrictive arrangements will provide adequate protection for the 
respondent.' 
Amend the bill by inserting after section 79 the following: 
'Sec. 80. 18-C MRSA §5-503, sub-§5, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
5. Factors. In deciding whether to enter an order under subsection 3 or 4, the court 
shall consider the factors under section 5-418 a conservator must consider when making a 
decision on behalf of an individual subject to conservatorship. In addition, in deciding 
whether to enter an order under this section, including whether supported decision 
making or other less restrictive alternatives are appropriate. the court may consider the 
following factors: any proposed vetting of the person or persons chosen to provide 
support in decision making; reports to the court by an interested party or parties regarding 
the effectiveness of an existing supported decision-making arrangement: or any other 
information the court determines necessary or appropriate to determine whether 
supportive services, technological assistance, supported decision making, protective 
arrangements or less restrictive arrangements will provide adequate protection for the 
respondent.' 
Amend the bill in section 84 by striking out all of subsection 3 (page 22, lines 21 to 
in L.D.) and inserting the following: 
13. Right to decline. The respondent has the right to decline to participate in an 
evaluation ordered under subsection 1. If the respondent declines to participate in an 
evaluation ordered under subsection 1, the petitioner may request an examination under 
the Maine Rules of Civil Procedure, Rule 35.' 
Amend the bill by inserting after section 86 the following: 
'Sec. 87. 18-C MRSA §5-703, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, §1, is amended to read: 
§5-703. Exclusiveness of public guardian or conservator 
When the court has appointed a public guardian or eonssrvator under this Part, no 
coguardian or eoeonservator may be appointed for the same individual subject to 
guardianship or protested person during the eontinuation of the p-ublie guardianship or 
publie eonsocvatorship. When the court has appointed a public conservator under this 
Part. a coconservator may not be appointed for the same individual subject to 
conservatorship. 
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Sec. 88. 18-C MRSA §5-705, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, § 1, is amended to read: 
§5-705. Acceptance by public guardian or conservator; plan 
Prior to the appointment of a public guardian or conservator, the appropriate agency 
nominated shall accept or reject the nomination in writing within 30 days of its receipt of 
notification that it has been nominated and if the nomination is accepted shall file a 
detailed plan that, as relevant, m\\st inel\\de bat is not limited to the type of proposed 
living arrangemsnt fur the individual subjeet to guardianship, how the individual's 
finaneial needs will be met, h01.v the individual's medieal and other remedial needs will be 
met, how the individual's soeial needs v.411 be met and a plan fur the individ\\al's 
continuing eontaet with relatives and friends, as well as a plan for the management of the 
individual's or protected person's estate in the ease of a public eonservatorship under 
section 5-316 for a guardianship and section 5-419 for a conservatorship. 
Sec. 89. 18-C MRSA §5-707, first 1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
A public guardian or conservator has the same powers, rights and duties respecting 
the individual subject to guardianship or the protected person individual subject to 
conservatorship as provided for guardians and conservators by the other Parts of this 
Article except as otherwise specifically provided in this Part, including the following 
particular provisions. 
Sec. 90. 18-C MRSA §5-707, sub-§§2 and 3, as enacted by PL 2017, c. 402, Pt. 
A, §2 and affected by Pt. F, §1, are repealed. 
Sec. 91. 18-C MRSA §5-931, sub-§1, 11G and H, as enacted by PL 2017, c. 
402, Pt. A, §2 and affected by Pt. F, §1, are amended to read: 
G. Exercise fiduciary powers that the principal has authority to delegate; and 
H. Disclaim property, including a power of appointment,; and 
Sec. 92. 18-C MRSA §5-931, sub-§1, 1( is enacted to read: 
I. Exercise authority over the content of an electronic communication of the principal 
in accordance with the Maine Revised Uniform Fiduciary Access to Digital Assets · 
Act.' 
Amend the bill in section 87 in subsection 2 in the 2nd line (page 23, line 2 in L.D.) 
by striking out the following: "July" and inserting the following: 'J:aly September' 
Amend the bill by inserting after section 87 the following: 
'Sec. 88. 18-C MRSA §8-301, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, §1, is amended to read: 
§8-301. Time of taking effect; provisions for transition 
1. Effective date. This Code takes effect on J:aly September 1, 2019. 
2. Applicability. Except as provided elsewhere in this Code, on the effective date of 
this Code: 
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COMMITTEE AMENDMENT" A" to H.P. 1118, L.D. 1535 
A. The Code applies to any wills of decedents who die after the effective date; 
A-1. The elective share provisions of Article 2. Part 2 and the exempt property and 
allowances provisions of Article 2. Part 4 apply to the estates of decedenjs who die 
on or after the effective date; 
B. The Code applies to any proceedings in court pending on the effective date or 
commenced after the effective date regardless of the time of the death of the decedent 
except to the extent that in the opinion of the court the former procedure should be 
made applic;able in a particular case in the interest of justice or beca1,1se of 
infeasibility of application of the procedure of this Code; 
C. 
Every personal representative appointed prior to -Ally September 1, 2019 
continues to hold the appointment but has only the powers conferred by this Code 
and is subject to the duties imposed with respect to any act occurring or done after the 
effective date, and a guardian or conservator appointed prior to ~ 
September 1, 
2019 has the powers conferred by this Code on guardians and conservators, unless 
otherwise limited by the original order of appointment or subsequent court order 
under this Code; 
D. An act done before~ September 1, 2019 in any proceeding and any accrued 
right is not impaired by this Code. If a right is acquired, extinguished or barred upon 
the expiration of a prescribed period of time that has commenced to nm by the 
provisions of any statute before -Ally September 1, 2019, the provisions remain in 
force with respect to that right; 
E. 
Any rule of construction or presumption provided in this Code applies to 
instruments executed and multiple party accounts opened before~ September 1, 
2019 unless there is a clear indication of a contrary intent; and 
F. For an adoption decree entered before~ September 1, 2019 and not amended 
after -Ally September 1, 2019, the child is the child of both the former and adopting 
parents for purposes of intestate succession, notwithstanding section 2-117, unless the 
decree provides otherwise. 
Sec. 89. 18-C MRSA §9-202, sub-§6, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, §1, is amended to read: 
6. Final and irrevocable; exceptions. Except as provided in subsection 7 and 
section 9-205, subsection 2, a surrender and release or a consent is final and irrevocable 
when duly eKecuted upon the court's approval of the surrender and release or consent 
pursuant to subsection 2.' 
Amend the bill by striking out all of section 91. 
Amend the bill by inserting after section 95 the following: 
'PARTB 
Sec. B-1. 18-C MRSA §1-110, sub-§5, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
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COMMITTEE AMENDMENT "A" to H.P. 1118, L.D. 1535 
5. Application and effective date. This section applies to all trusts and estates in 
existence on and created after J:aly September 1, 2019. 
Sec. B-2. 18-C MRSA §2-513, first ,r, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
A contract to make a will or devise, or not to revoke a will or devise, or to die 
intestate, if executed after J:aly September 1, 2019, can be established only by: 
Sec. B-3. 18-C MRSA §2-916, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, § 1, is amended to read: 
§2-916. Application to existing relationships 
Except as otherwise provided in section 2-913, an interest in or power over property 
existing on J:aly September 1, 2019 as to which the time for delivering or filing a 
disclaimer under law superseded by this Part has not expired may be disclaimed after Jaljr 
September 1, 2019. 
Sec. B-4. 18-C MRSA §3-916, sub-§12, as enacted by PL 2017, c. 402, Pt. A, 
§2 and affected by Pt. F, § 1, is amended to read: 
12. Delayed application. The applicability of subsections 3 to 7 is governed by this 
subsection. 
A. Subsections 3 to 7 do not apply to the estate of a decedent who dies on or within 3 
years after Jaljr September 1, 2019 nor to the estate of a decedent who dies more than 
years after J:aly September 1, 2019 if the decedent continuously lacked testamentary 
capacity from the expiration of the 3-year period until the date of death. 
B. For the estate of a decedent who dies on or after July September 1, 2019 to which 
subsections 3 to 7 do not apply, estate taxes must be apportioned pursuant to the law 
in effect immediately before J:aly September 1, 2019. 
Sec. B-5. 18-C MRSA §5-643, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, § 1, is amended to read: 
§5-643. Transitional provisions 
1. Proceedings on or after September 1, 2019. This Part applies to guardianship 
and protective proceedings begun on or after J:aly September 1, 2019. 
2. Proceedings before September 1, 2019. Subparts 1 and 3 and sections 5-641 and 
5-642 apply to proceedings begun before J:aly September 1, 2019, regardless of whether a 
guardianship or protective order has been issued. 
Sec. B-6. 18-C MRSA §5-906, sub-§§1 and 2, as enacted by PL 2017, c. 402, 
Pt. A, §2 and affected by Pt. F, § 1, are amended to read: 
1. Executed on or after September 1, 2019. A power of attorney executed in this 
State on or after J:aly September 1, 2019 is valid if its execution complies with section 
5-905. 
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COMMITTEE AMENDMENT'' A" to H.P. 1118, L.D. 1535 
2. Executed on or after July 1, 2010 but before September 1, 2019. A power of 
attorney executed on or after July 1, 2010 but before .July September 1, 2019 is valid if its 
execution complied with former Title 18-A, section 5-906. 
Sec. B-7. 18-C MRSA §5-963, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, § 1, is amended to read: 
§5-963. Effect on existing powers of attorney 
Except as otherwise provided in this Part: 
1. Application to powers of attorney. This Part applies to a power of attorney 
created before, on or after .July September 1, 2019; 
2. Application to judicial proceedings commenced on or after September 1, 
2019. 
This Part applies to a judicial proceeding concerning a power of attorney 
commenced on or after .July September 1, 2019; and 
3. Application to judicial proceedings commenced before September 1, 2019. 
This Part applies to a judicial proceeding concerning a power of attorney commenced 
before .July September 1, 2019, unless the court finds that application of a provision of 
this Part would substantially interfere with the effective conduct of the judicial 
proceeding or prejudice the rights of a party, in which case that provision does not apply 
and the superseded law applies. 
An act done before .July September 1, 2019 is not affected by this Part. 
Sec. B-8. 18-C MRSA §6-311, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, § 1, is amended to read: 
§6-311. Application of Part 
This Part applies to registrations of securities in beneficiary form made before, on or 
after .July September 1, 2019 by decedents dying on or after .July September 1, 2019. 
Sec. B-9. 18-C MRSA §6-403, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, § 1, is amended to read: 
§6-403. Applicability 
This Part applies to a transfer on death deed made before, on or after .July September 
1, 2019 by a transferor dying on or after .July September 1, 2019. 
Sec. B-10. 18-C MRSA §6-421, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, § 1, is repealed. 
Sec. B-11. 18-C MRSA §7-203, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, §1, is amended to read: 
§7-203. Application of Part 
This Part applies to fiduciary relationships in existence on .July September 1, 2019 or 
established after that date. 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A "toH.P.1118,L.D, 1535 
Sec. B-12. 18-C MRSA §7-472, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by Pt. F, § 1, is amended to read: 
§7-472. Application of Part to all trusts and estates 
This Part applies to every trust or decedent's estate, including those in existence on 
Jaly September 1, 2019, beginning with the first fiscal year of the trust or decedent's 
estate that begins on or after Jaly September 1, 2019, except as otherwise expressly 
provided in the will or terms of the trust or in this Part. 
Sec. B-13. 18-C MRSA §9-108, first 1, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by Pt. F, § 1, is amended to read: 
The laws in effect on June 30 August 31, 2019 apply to proceedings for which any of 
the following occurred before Jaly September 1, 2019: 
Sec. B-14. PL 2017, c. 402, Pt. F, §1 is amended to read: 
Sec. F-1. Effective date. Parts A to E of this Act take effect Jaly September 1, 
2019. 
PART C 
Sec. C-1. Maine Comments. Comments submitted by the Probate and Trust Law 
Advisory Commission, which incorporate comments prepared by the Family Law 
Advisory Commission in accordance with Public Law 2017, chapter 402, Part G, section 
1, are acknowledged by the Legislature as Maine Comments, and the Revisor of Statutes 
shall submit the comments for inclusion in the publication of the Maine Revised Statutes 
Annotated.' 
Amend the bill by striking out all of the emergency clause (page 36, lines 13 and 14 
in L.D.) and inserting the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment changes the effective date of the Maine Uniform Probate Code, the 
Maine Revised Statutes, Title 18-C, enacted by Public Law 2017, chapter 402, from July 
1, 2019 to September 1, 2019. 
This amendment also clarifies an ambiguity as to the applicable effective date of the 
elective share provisions of Article 2, Part 2 of Title 18-C and of the exempt property and 
allowances provisions under Article 2, Part 4 of Title 18-C. As written, the language of 
the Maine Uniform Probate Code, as adopted in section 8-301, subsection 2, leaves 
ambiguity as to whether, after the effective date of Title 18-C, the existing Title 18-A 
provisions regarding elective share rights of a surviving spouse and the existing Title 
18-A provisions governing exempt property and allowances govern the administration of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'~ "to H.P. 1118, L.D. 1535 
an estate of a decedent who died prior to the effective date of Title 18-C. To resolve the 
ambiguity and provide clarity on the applicability of the new provisions of Title 18-C, the 
Probate and Trust Law Advisory Commission recommended that a new paragraph A-1 be 
added to section 8-301, subsection 2. 
This amendment amends the adult guardianship, conservatorship and other protective 
arrangements provisions to clarify that the court retains its discretion when determining 
whether guardianship, conservatorship, protective arrangements or other less restrictive 
alternatives, including supported decision making, are appropriate in each case before the 
court. 
The court may consider any proposed vetting of the person or persons chosen to 
provide support in decision making; reports to the court by an interested party or parties 
regarding the effectiveness of an existing supported decision-making arrangement; or any 
other information the court determines necessary or appropriate to determine whether 
supportive services, technological assistance, supported decision making, protective 
arrangements or less restrictive arrangements will provide adequate protection for the 
respondent when a petition has been filed for guardianship, conservatorship or other 
protective arrangements. 
This amendment updates Title 18-C with amendments that were included in the 
Maine Revised Uniform Fiduciary Access to Digital Assets Act, enacted by Public Law 
2017, chapter 359 as amendments to the Maine Revised Statutes, Title 18-A, in the 
definition of "property" to include digital assets and to authorize an agent under a power 
of attorney to exercise authority over the content of an electronic communication of the 
principal if specifically authorized to do so in a power of attorney. 
This amendment permits the appointment, by renunciation or nomination, of a person 
who does not have priority for appointment as personal representative, in an informal 
probate proceeding, rather than requiring a formal probate proceeding for the 
appointment. As written, Title 18-C, section 3-203, subsection 5 changes current Maine 
law by permitting the appointment of a person who does not have priority, including 
priority resulting from renunciation or nomination determined pursuant to section 3-203, 
only in formal proceedings. Current Maine law permits an appointment resulting from 
renunciation or nomination in informal proceedings. Requiring a formal proceeding for 
such an appointment would be an unnecessary burden on the Probate Courts and on the 
parties seeking appointment of a personal representative. 
This amendment clarifies that a person may refuse to recognize the authority of a 
guardian or conservator to act on behalf of an individual subject to guardianship or 
conservatorship if the guardian's or conservator's proposed action would be inconsistent 
with not only the Maine Uniform Probate Code but any other law, rule or regulation. It 
8 
also provides that a person who refuses to accept the authority of the guardian or 
conservator in any situation is required to report the refusal and the reason for the refusal 
to the court. This gives the court the opportunity to review the guardian or conservator 
and determine if removal or other action is appropriate. 
This amendment replaces the provisions governing the appointment of a guardian for 
a minor on an emergency basis and is based on recommendations from the Family Law 
Advisory Commission. The amendment to the Title 18-C, section 5-204 permits the 
appointment of a guardian for a minor on an emergency basis for up to 90 days upon 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 1118, L.D. 1535 
evidence that the appointment is needed to prevent substantial harm to the minor's 
physical health or safety. The new language provides guidance to the courts, attorneys 
and litigants by: 
1. Clarifying that it is the petitioner's responsibility to provide actual notice of the 
petition for appointment of a guardian on an emergency basis and of any appointment 
made on an ex parte basis to the parent, the minor and any person having custody of the 
minor; 
2. Setting forth the requirements for providing such notice and the procedure for 
informing the court of the notice provided; and 
3. Clarifying that the standards and procedures that apply to appointing a guardian on 
an emergency basis do not alleviate or alter the notice requirements and standards for 
appointing a guardian on a non-emergency basis under Title 18-C, section 5-204, 
subsection 2. 
This amendment requires that the visitor appointed by the court in an adult 
guardianship or conservatorship case is required to interview the petitioner and the 
proposed guardian or proposed conservator, as applicable. 
This amendment provides that a professional evaluation is not required before the 
appointment of an emergency guardian or emergency conservator if the court finds from 
affidavit or testimony that the basis for an emergency has been met and the petitioner has 
good cause for not submitting a professional evaluation before the emergency order. The 
amendment also corrects a cross-reference. 
This amendment provides that when the court has appointed a public guardian, no 
coguardian may be appointed, and no coconservator may be appointed when a public 
conservator has been appointed. 
This amendment cross-references the requirements that apply to private guardians 
and conservators to ensure that the same requirements apply to public guardians and 
conservators. 
This amendment resolves an inconsistency in the adoptions laws between Title 18-C, 
section 9-202, subsection 4, which allows a parent to have 5 days to revoke a written 
consent to an adoption or a surrender and release of their parental rights, and subsection 
6, which states that a consent or surrender and release are final and irrevocable upon 
execution. This inconsistency has not created a problem in practice because of how the 
law has been applied by courts, which is to approve consents or surrender and releases 
only after the completion of the revocation period under subsection 4. This amendment 
eliminates this inconsistency by eliminating "when duly executed" and in its place 
providing that a surrender and release or a consent is final and irrevocable upon the 
court's approval pursuant to the other requirements of that section, as set forth in 
subsection 2. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/11/19 :fldac 
LD 1535 
LR219(02) 
An Act To Correct Errors and Inconsistencies Related to the Maine Uniform Probate Code and To 
Make Other Substantive Changes 
Fiscal Note for Bill as Amended by Committee Amendment •/f {/1-t 3J.) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to various departments and agencies from the provisions in this bill are expected to be minor and 
can be absorbed within existing budgeted resources. 
LR0219(02) - Fiscal Note - Page 1 of 1