Maine Revised Statutes

§1021. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1987, c. 699, §1 (NEW).]

1. Dependent.  "Dependent," with respect to an elderly person, means wholly or partially dependent upon one or more other persons for care or support, either emotional or physical, because the elderly person:
A. Suffers from a significant limitation in mobility, vision, hearing, emotional or mental functioning or the ability to read or write; or [1987, c. 699, §1 (NEW).]
B. Is suffering or recovering from a major illness or is facing or recovering from major surgery. [1987, c. 699, §1 (NEW).]
[ 1987, c. 699, §1 (NEW) .]
2. Elderly person.  "Elderly person" means a person who is 60 years of age or older.
[ 1987, c. 699, §1 (NEW) .]
3. Independent counsel.  "Independent counsel" means an attorney retained by the elderly dependent person to represent only that person's interests in the transfer.
[ 1987, c. 699, §1 (NEW) .]
4. Less than full consideration.  "Less than full consideration," with respect to a transfer of property, means the transferee pays less than fair market value for the property or the transfer is supported by past consideration.
[ 1987, c. 699, §1 (NEW) .]
5. Major transfer of personal property or money.  "Major transfer of personal property or money" means a transfer of money or items of personal property which represent 10% or more of the elderly dependent person's estate.
[ 1987, c. 699, §1 (NEW) .]
6. Transfer.  "Transfer" does not include testamentary transfers, which are outside the scope of this chapter.
[ 1989, c. 238, §1 (NEW) .]
1987, c. 699, §1 (NEW). 1989, c. 238, §§1,4 (AMD).