Sec. DDD-3. 18-A MRSA §3-403, sub-§(a), as enacted by PL 1979, c. 540, §1, is amended to read:

(a) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall must be given in the manner prescribed by section 1-401 by the petitioner to the persons herein enumerated in this subsection and to any additional person who has filed a demand for notice under section 3-204.

Notice shall must be given to the following persons: the surviving spouse, children, and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. If the decedent was 55 years of age or older, the petitioner shall give notice as described in section 1-401 to the Department of Health and Human Services. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated.

Sec. DDD-4. 18-A MRSA §5-408, sub-§(6) is enacted 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 36 months, including due provision for the protected person's established standard of living