LD 605
pg. 1
LD 605 Title Page An Act to Clarify the Probate Code Regarding Durable Financial Powers of Attorn... LD 605 Title Page
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LR 1309
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 18-A MRSA §5-508, sub-§(g), as enacted by PL 1997, c. 683, Pt.
C, §6, is amended to read:

 
(g) The requirements of subsections (b), (c) and (d) do not
render ineffective a durable financial power of attorney validly
executed prior to September 19, 1997 or a durable financial power
of attorney executed prior to December 31, 1998 in accordance
with this section as in effect on September 19, 1997.

 
SUMMARY

 
This bill clarifies the effective date of certain corrections
made to provisions pertaining to powers of attorney that were
enacted as emergency legislation during the Second Special
Session of the 118th Legislature. This bill is intended to
acknowledge that the enactment of the Maine Revised Statutes,
Title 18-A, section 5-508 represented a modification of existing
law. The corrective emergency legislation, effective April 3,
1998, amended statutory notices that were required to be included
with durable financial powers of attorney executed after
September 19, 1997. Subsection (g) of the corrective emergency
legislation currently renders ineffective durable financial
powers of attorney executed after September 19, 1997 and prior to
April 3, 1998. This bill delays the effective date of the
modification until December 31, 1998.


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