LD 859
pg. 1
LD 859 Title Page An Act To Provide Greater Civil Relief Protection for Members of the Military ... Page 2 of 3
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LR 622
Item 1

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

 
Sec. 1. 18-A MRSA §2-506, as enacted by PL 1979, c. 540, §1, is
amended to read:

 
§2-506. Choice of law as to execution

 
A written will is valid if executed in compliance with section
2-502 or 2-503 or if its execution complies with the law at the
time of execution of the place where the will is executed, or of
the law of the place where at the time of execution or at the
time of death the testator is domiciled, has a place of abode or
is a national or if executed in compliance with 10 United States
Code, Section 1044d.

 
Sec. 2. 18-A MRSA §5-508, sub-§(i) is enacted to read:

 
(i)__Notwithstanding subsections (c) and (d), any military
power of attorney executed in accordance with 10 United States
Code, Section 1044b is valid in this State.

 
Sec. 3. 18-A MRSA §5-818 is enacted to read:

 
§5-818.__Military advanced medical directives

 
A military advanced medical directive executed in accordance
with 10 United States Code, Section 1044c is valid in this State.

 
Sec. 4. 37-B MRSA §343 is enacted to read:

 
§343.__Parental rights and responsibilities; parent on active
duty

 
1.__Departure under military orders.__A court may not consider
departure from the family residence or absence from the child or
children as an adverse factor in determining parental rights and
responsibilities with respect to a minor child when the departing
parent is a member of the National Guard or the Reserves of the
United States Armed Forces under an order to active duty for a
period of more than 30 days and whose absence is due to
compliance with military orders.

 
2.__Change of residence of child prohibited when parent under
military orders.__A court may not order a change of the primary
physical residence of a child when one of the child's parents is
a member of the National Guard or the Reserves of the United
States Armed Forces under an order to active duty for a period of
more than 30 days and whose absence from the State is due to
compliance with military orders.


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