§ 34-B §13004 — Powers and duties of the receiver

Maine § 34-B §13004

• Jurisdiction: Maine
• Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES
• Ch. 13: APPOINTMENT OF RECEIVERS

Text

1.
Powers and duties.
A receiver appointed pursuant to this chapter has such powers as the court may direct to operate the facility or provider and to remedy the conditions that constituted grounds for the receivership, to protect the health, safety and welfare of the residents or clients and to preserve the assets and property of the residents or clients, the owner and the licensee. On notice and hearing, the court may issue a writ of possession in behalf of the receiver, for specified facility or provider property. The receiver shall make reasonable efforts to notify residents or clients and family that the facility or provider is placed in receivership. The owner and licensee are divested of possession and control of the facility or provider during the period of receivership under conditions as the court specifies. With the court's approval, the receiver has specific authority to:
2.
Revenues of facility or provider.
Revenues of the facility or provider must be handled as follows.
3.
Avoidance of preexisting leases, mortgages and contracts.
A receiver may not be required to honor a lease, mortgage, secured transaction or other contract entered into by the owner or licensee of the facility or provider if the court finds that:
4.
Closing of facility or provider.
The receiver may not close the facility or provider without leave of the court. In ruling on the issue of closure, the court shall consider:

Legislative History

PL 1997, c. 610, §3 (NEW).