Maine Revised Statutes
Part 4: CONSERVATORSHIP
18-C §5-425. Transaction involving conflict of interest

§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

Maine Revised Statutes

TITLE 18-C: PROBATE CODE

Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS

Part 4: CONSERVATORSHIP

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

18-C §5-431. Termination or modification of conservatorship