§1023. Civil action; relief available








1. Civil action. 
A civil action may be brought to obtain relief under this chapter by an elderly
dependent person, that person's legal representative or the personal representative
of the estate of an elderly dependent person.


[
2003, c. 236, §2 (AMD)
.]








2. Relief available; protected transfers and executions. 
When a court finds that a transfer of property or execution of a guaranty was the
result of undue influence, it shall grant appropriate relief enabling the elderly
dependent person to avoid the transfer or execution, including the rescission or reformation
of a deed or other instrument, the imposition of a constructive trust on property
or an order enjoining use of or entry on property or commanding the return of property.
When the court finds that undue influence is a good and valid defense to a transferee's
suit on a contract to transfer the property or a suit of a person who benefits from
the execution of a guaranty on that guaranty, the court shall refuse to enforce the
transfer or guaranty.


No relief obtained or granted under this section may in any way affect or limit the
right, title and interest of good faith purchasers, mortgagees, holders of security
interests or other 3rd parties who obtain an interest in the transferred property
for value after its transfer from the elderly dependent person. No relief obtained
or granted under this section may affect any mortgage deed to the extent of value
given by the mortgagee.


[
2003, c. 236, §2 (AMD)
.]








3. Statute of limitations. 
The limitations imposed by Title 14, section 752, apply to all actions brought under
this chapter.


[
1987, c. 699, §1 (NEW)
.]





SECTION HISTORY

1987, c. 699, §1 (NEW).
1989, c. 238, §§2,4 (AMD).
2003, c. 236, §2 (AMD).