§5-425. Transaction involving conflict of interest
A transaction involving a conservatorship estate that is affected by a substantial conflict between the conservator's fiduciary duties and personal interests is voidable unless the transaction is authorized by the court by specific order after notice to all persons entitled to notice under section 5-411, subsection 5 or a subsequent order. A transaction affected by a substantial conflict between fiduciary duties and personal interests includes a sale, encumbrance or other transaction involving the conservatorship estate entered into by the conservator, an individual with whom the conservator resides, the spouse, domestic partner, descendant, sibling, agent or attorney of the conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS
18-C §5-401. Basis for appointment of conservator
18-C §5-402. Petition for appointment of conservator
18-C §5-403. Notice and hearing
18-C §5-404. Petition for protective order
18-C §5-405. Appointment and role of visitor
18-C §5-406. Appointment and role of attorney
18-C §5-407. Professional evaluation
18-C §5-408. Attendance and rights at hearing
18-C §5-409. Confidentiality of records (WHOLE SECTION TEXT EFFECTIVE 1/1/23)
18-C §5-410. Who may be conservator; priorities
18-C §5-411. Order of appointment
18-C §5-412. Notice of order of appointment; rights
18-C §5-413. Emergency conservator
18-C §5-414. Powers of conservator requiring court approval
18-C §5-415. Petition for order subsequent to appointment
18-C §5-416. Bond or alternative asset-protection arrangement
18-C §5-417. Terms and requirements of bond
18-C §5-418. Duties of conservator
18-C §5-419. Conservator's plan
18-C §5-420. Inventory; records
18-C §5-421. Administrative powers of conservator not requiring court approval
18-C §5-422. Distribution from conservatorship estate
18-C §5-423. Conservator's report and accounting; monitoring
18-C §5-424. Attempted transfer of property by individual subject to conservatorship
18-C §5-425. Transaction involving conflict of interest
18-C §5-426. Protection of person dealing with conservator
18-C §5-427. Death of individual subject to conservatorship
18-C §5-428. Presentation and allowance of claim
18-C §5-429. Personal liability of conservator
18-C §5-430. Removal of conservator; appointment of successor