Bill > LD1027

This bill amends Maine Revised Statutes Title 33, Section 1023, which deals with legal protections for elderly dependent persons who have been subjected to undue influence in property transfers. The bill strengthens existing law by explicitly allowing courts to award reasonable attorney's fees and costs to be paid by individuals found to have exercised undue influence over an elderly person or by transferees who did not pay full consideration for a property. The legislation maintains previous protections that allow courts to grant relief such as rescinding deeds, imposing constructive trusts, or enjoining property use when undue influence is proven. Importantly, the bill clarifies that such relief will not impact the rights of good faith purchasers or mortgagees who acquire an interest in the property after its transfer and who provide value in exchange. The key modification is the new provision for mandatory attorney's fees, which aims to provide additional deterrence against exploiting elderly individuals and ensure they have legal recourse when improper property transfers occur.

Justice

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1027&snum=132