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An Act To Amend the Probate Code Relating to the Authority of the Probate Court To Approve Transfers from a Protected Person's Estate
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §5-408, sub-§(6), as enacted by PL 2005, c. 12, Pt. DDD, §4 and affected by §17, is amended to read:
 
(6).   The court may authorize a gift or other transfer for less than fair market value from the protected person's estate other than to the protected person's spouse or dependent, blind or disabled child if the court finds that the gift or other transfer will not, directly or indirectly, diminish the protected person's estate in order to qualify for federal or state aid or benefits, including the MaineCare program under Title 22, chapter 855, and the court finds:
 
(a). That the remaining estate assets of the protected person are sufficient for the protected person's care and maintenance for the next 3660 months, including due provision for the protected person's established standard of living and for the support of any persons the protected person is legally obligated to support and any dependents of the protected person; and
 
(b).  That the gift or other transfer will not hasten the date of eligibility for MaineCare coverage of the protected person's long-term care expenses during the next 3660 months.
 
If the gift is being made to the protected person's spouse or blind or disabled child, the court need not make such findings. This subsection does not prevent a transfer to a trust established pursuant to 42 United States Code, Section 1396p(d)(4) or otherwise specifically allowed by law governing the federal Medicaid program under 42 United States Code.
Sec. 2. 18-A MRSA §5-409, sub-§(d), as enacted by PL 2005, c. 12, Pt. DDD, §6 and affected by §17, is amended to read:
 
(d).    The court may authorize a gift or other transfer for less than fair market value from the protected person's estate other than to the protected person's spouse or dependent, blind or disabled child if the court finds that the gift or other transfer will not, directly or indirectly, diminish the protected person's estate in order to qualify for federal or state aid or benefits, including the MaineCare program under Title 22, chapter 855, and the court finds:
 
(1).  That the remaining estate assets of the protected person are sufficient for the protected person's care and maintenance for the next 3660 months, including due provision for the protected person's established standard of living and for the support of any persons the protected person is legally obligated to support and any dependents of the protected person; and
 
(2).  That the gift or other transfer will not hasten the date of eligibility for MaineCare coverage of the protected person's long-term care expenses during the next 3660 months.
 
If the gift is being made to the protected person's spouse or blind or disabled child, the court need not make such findings. This subsection does not prevent a transfer to a trust established pursuant to 42 United States Code, Section 1396p(d)(4) or otherwise specifically allowed by law governing the federal Medicaid program under 42 United States Code.
Sec. 3. 18-A MRSA §5-425, sub-§(b-1), as enacted by PL 2005, c. 12, Pt. DDD, §8 and affected by §17, is amended to read:
 
(b-1).    The court may authorize a gift or other transfer for less than fair market value from the protected person's estate other than to the spouse or dependent, blind or disabled child if the court finds that the gift or other transfer will not, directly or indirectly, diminish the protected person's estate in order to qualify for federal or state aid or benefits, including the MaineCare program under Title 22, chapter 855, and the court finds:
 
(1).  That the remaining estate assets of the protected person are sufficient for the protected person's care and maintenance for the next 3660 months, including due provision for the protected person's established standard of living and for the support of any persons the protected person is legally obligated to support and any dependents of the protected person; and
 
(2).  That the gift or other transfer will not hasten the date of eligibility for MaineCare coverage of the protected person's long-term care expenses during the next 3660 months.
 
If the gift is being made to the protected person's spouse or blind or disabled child, the court need not make such findings. This subsection does not prevent a transfer to a trust established pursuant to 42 United States Code, Section 1396p(d)(4) or otherwise specifically allowed by law governing the federal Medicaid program under 42 United States Code.
 
SUMMARY
This bill amends the Probate Code to provide that the Probate Court does not need to make a finding about the adequacy of the protected person's estate when approving a gift or transfer for less than fair market value from the protected person's estate if the gift or transfer is to the protected person's spouse or blind or disabled child. The bill incorporates the federal change in the look-back period from 36 months to 60 months.