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Code · Maine · Title 18-C: PROBATE CODE

§5-425. Transaction involving conflict of interest

130 words·~1 min read·/me/title-18-c-probate-code/5-425

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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).]
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