Sec. 1. 18-A MRSA §5-418, sub-§(d) is enacted to read:

(d)__If a conservator fails to file an inventory or fails to include in the inventory property that the court determines should have been in the inventory, the court, in determining the value of the uninventoried or missing property, may rely on the opinion of qualified appraisers or owners of similar property who have not seen the uninventoried property.__Any doubt about the value of the uninventoried or missing property created by the absence of the property must be resolved in favor of the highest reasonable estimated offer.__When an inventory has not been filed and interested persons allege under oath or affirmation that property should have been inventoried but is now missing, the conservator has the burden of proving that property was not required to be inventoried.

Sec. 2. 18-A MRSA §5-429, sub-§§(e) and (f) are enacted to read:

(e)__Grounds for imposition of surcharge include, but are not limited to:

(1)__Failure to timely file an inventory as required by section 5-418;

(2)__Failure to timely file an account as required by section 5-419;

(3)__Unexplained loss of property from the estate;

(4)__Bad faith management of the estate;

(5)__Failure to maintain adequate insurance on estate assets;

(6)__Filing of false documents relating to the estate;

(7)__Taking an unreasonable fee for managing the estate; and

(8)__Inducing or attempting to induce the protected person to give the conservator special benefits.

(f)__A surcharge may include, without limitation, the following:

(1)__An amount determined adequate to make the estate whole for any losses of property or value or other losses including costs and reasonable attorney's fees incurred by the estate in any proceeding for surcharge;