Sec. 10. 18-B MRSA §501, as enacted by PL 2003, c. 618, Pt. A, §1 and affected by §2, is amended to read:

§501. Rights of beneficiary's creditor or assignee

To the extent a beneficiary's interest is not protected by a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances.

Sec. 11. 18-B MRSA §504, sub-§2, as enacted by PL 2003, c. 618, Pt. A, §1 and affected by §2, is amended to read:

2. Right of beneficiary not limited. This section does not limit the right of a beneficiary to maintain a judicial proceeding against a trustee for an abuse of discretion failure to exercise a discretionary power in accordance with the terms and purposes of the trust or for failure to comply with a standard for distribution.

Sec. 12. 18-B MRSA §504, sub-§3 is enacted to read:

3.__Creditor limited.__A creditor may not reach the interest of a beneficiary who is also a trustee, or otherwise compel a distribution, if the trustee's discretion is limited by an ascertainable standard.

MAINE COMMENT

Maine did not adopt the proposed subsections (a) and (c) of section 504 because, among other things, of a desire to preserve common law distinction between discretionary and support trusts.

Sec. 13. 18-B MRSA §603, sub-§1, as enacted by PL 2003, c. 618, Pt. A, §1 and affected by §2, is amended to read:

1. Revocable trust. While a trust is revocable and the settlor has capacity to revoke the trust, rights of the