Sec. 1. 22 MRSA §1826-A is enacted to read:

§1826-A.__Duties owed by persons who hold powers of attorney

and other agents to residents of health care facilities

1.__Applicability.__An individual who holds a power of attorney, serves as a guardian or conservator or otherwise serves as a personal representative of a resident of a nursing facility, assisted living facility, residential care facility or related facility, referred to in this section as "an agent," is subject to the duties, obligations and procedures set forth in this section.

2.__Fiduciary duty.__An agent has a fiduciary duty with respect to all of that agent's actions on behalf of any person for whom that agent serves as agent, referred to in this section as "the principal."__An agent shall apply the available resources of the principal to make timely payment for services rendered by a licensed health care facility to the principal.__An agent shall work cooperatively with facility management and government payors to secure available coverage, including, but not limited to, coverage from the Medicare and MaineCare programs.

3.__Enforcement.__A provider of health care services to a principal, the department or the long-term care ombudsman may file a petition in the Superior Court or the Probate Court to determine the legality of acts or omissions of an agent or to compel an agent to submit an accounting of any actions on behalf of the principal.__The accounting must be made by the agent within 60 days following a request, though this 60-day time frame may be shortened to 7 days in any matter that requires a timely decision affecting health care.__These time limits may be shortened by the court for good cause shown.__ The court may terminate the power of attorney upon a determination that the agent has violated or is unfit to perform the agent's fiduciary duties under the power of attorney or that termination is in the best interest of the principal or the principal's estate.

4.__Responsibility for costs and attorney's fees.__The court may order the agent to pay reasonable attorney's fees to the petitioner if the court determines that the agent has violated the agent's fiduciary duties or has failed, without reasonable cause or justification, to submit accounts or reports after written request.

Sec. 2. 22 MRSA §3174-I, sub-§4 is enacted to read: