LD 1777
pg. 3
Page 2 of 4 An Act to Update the Laws Concerning Prearranged Funerals Page 4 of 4
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LR 1026
Item 1

 
(1)__Upon transfer of the account by the appointment of
a successor trustee;

 
(2)__Upon revocation of the agreement if the agreement
is revokable; and

 
(3)__For the actual financial and tax administration of
the account.

 
The payee shall maintain a complete record of the deposit of
all funds, including principal and interest.__The record
must be available for inspection by the payor, the payor's
legal representative, a member of the board or an inspector
for the board and must contain the name and address of the
financial institution or credit union and the dates and
amounts of deposits.

 
E.__The funds may be withdrawn, if otherwise lawful and
permitted by contract, by the payee on written instructions
of the payor or the payor's legal representative or on the
death of the person for whose benefit the funds were paid,
in which event they must be used in accordance with the
agreement.

 
2.__Rulemaking.__The board shall adopt rules regarding
prearranged funeral agreements, including, but not limited to:

 
A.__The form, format and content of trust agreements;

 
B.__Standards regarding when service contracts are required
in conjunction with trust agreements and the form, format
and content of the service contracts;

 
C.__The establishment of reasonable fees that may be charged
only pursuant to subsection 1, paragraph D; and

 
D.__Board inspection of trust agreements, account
information and any related documentation.

 
Rules adopted pursuant to this section are routine technical
rules under the Maine Revised Statutes, Title 5, chapter 375,
subchapter II-A.

 
3.__Financial institution or credit union liability.__The
financial institution or credit union is discharged from
liability for payment of the funds in an account under subsection
1 upon presentation of a written consent to withdrawal signed by
the payor or the payor's legal representative and by the payee or
upon presentation of proof of death of the person for whose
benefit the funds were paid.


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