§5-908. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary
1. Nomination of conservator or guardian. In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal’s person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Relation of agent to court-appointed fiduciary. If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended or terminated by the court.
[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
Part 9: MAINE UNIFORM POWER OF ATTORNEY ACT
Subpart 1: GENERAL PROVISIONS AND DEFINITIONS
18-C §5-904. Power of attorney is durable
18-C §5-905. Execution of power of attorney; notices
18-C §5-906. Validity of power of attorney
18-C §5-907. Meaning and effect of power of attorney
18-C §5-908. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary
18-C §5-909. When power of attorney effective
18-C §5-910. Termination of power of attorney or agent's authority
18-C §5-911. Coagents and successor agents
18-C §5-912. Reimbursement and compensation of agent
18-C §5-913. Agent's acceptance
18-C §5-915. Exoneration of agent
18-C §5-917. Agent's liability
18-C §5-918. Agent's resignation; notice
18-C §5-919. Acceptance of and reliance upon acknowledged power of attorney
18-C §5-920. Liability for refusal to accept acknowledged power of attorney
18-C §5-921. Principles of law and equity
18-C §5-922. Laws applicable to financial institutions and entities