Whereas, the Maine Uniform Trust Code, enacted by Public Law 2003, chapter 618, Part A, takes effect July 1, 2005; and

Whereas, the amendments in this legislation to the Maine Uniform Trust Code must also become effective on July 1, 2005, because allowing the amendments to become effective 90 days after the end of the legislative session would cause confusion and uncertainty for Maine citizens and taxpayers; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

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

Sec. 1. 18-A MRSA §5-508, sub-§(g), as amended by PL 1999, c. 66, §1, is further 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. The requirements of subsection (d) do not render ineffective a durable power of attorney validly executed prior to July 1, 2005 in accordance with this section.

Sec. 2. 18-B MRSA §103, sub-§1-A is enacted to read:

1-A.__Ascertainable standard.__"Ascertainable standard" means an ascertainable standard relating to an individual's health, education, support or maintenance within the meaning of Section 2041(b)(1)(A) or Section 2514(c)(1) of the federal Internal Revenue Code of 1986, as in effect on July 1, 2005.

Sec. 3. 18-B MRSA §103, sub-§10, as enacted by PL 2003, c. 618, Pt. A, §1 and affected by §2, is amended to read:

10. Power of withdrawal. "Power of withdrawal" means a presently exercisable general power of appointment other than a power exercisable by a trustee that is limited by an ascertainable standard, or exercisable by another person only