Maine § 32 §1401 Prearranged funerals or burial plans

Maine Statutes

§ 32 §1401 — Prearranged funerals or burial plans

Maine·Title 32 PROFESSIONS AND OCCUPATIONS·Ch. 21 FUNERAL DIRECTORS AND EMBALMERS

1.Plan requirements. Except as provided in subsections 1‑A and 1‑B, a prearranged funeral or burial plan contracted or undertaken within this State must comply with the following. 1-A. Plan funded with mortuary trust agreement and proceeds of life insurance policy. A prearranged funeral or burial plan agreement may be funded with a mortuary trust agreement that receives the proceeds of a life insurance policy in accordance with this subsection. 1-B. Plan funded with proceeds of pre-need life insurance policy. A prearranged funeral service or plan may be funded with proceeds of a pre-need insurance policy in accordance with this subsection. For the purposes of this section, "pre-need insurance" has the same meaning as in Title 24‑A, section 2176‑A, subsection 1.

2.Rulemaking. The board sh

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1.
Plan requirements.
Except as provided in subsections 1‑A and 1‑B, a prearranged funeral or burial plan contracted or undertaken within this State must comply with the following.
1-A.
Plan funded with mortuary trust agreement and proceeds of life insurance policy.
A prearranged funeral or burial plan agreement may be funded with a mortuary trust agreement that receives the proceeds of a life insurance policy in accordance with this subsection.
1-B.
Plan funded with proceeds of pre-need life insurance policy.
A prearranged funeral service or plan may be funded with proceeds of a pre-need insurance policy in accordance with this subsection. For the purposes of this section, "pre-need insurance" has the same meaning as in Title 24‑A, section 2176‑A, subsection 1.
2.
Rulemaking.
The board shall adopt rules regarding prearranged funeral agreements, including, but not limited to:
3.
Financial institution or credit union liability.
The financial institution or credit union is discharged from liability for direct payment of the funds in an account under subsection 1 to another financial institution or credit union or to the payor, upon presentation of a written consent to withdrawal signed by the payor or the payor's legal representative and by the payee or upon withdrawal of the funds by the payee upon presentation of a certified copy of the death certificate of the person for whose benefit the funds were paid.
4.
Applicability.
This section does not apply to the sale of cemetery lots, crypts, niches, cemetery burial privileges, cemetery space or perpetual care.
5.
Cotrustees.
This section may not be construed as prohibiting any person, including a payor, from serving as a mortuary cotrustee with the payee.
6.
Penalties.
Any person who violates this section is guilty of a Class E crime. This section does not preclude prosecution or conviction under other applicable laws, including, but not limited to, disciplinary actions under this chapter.

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Legislative History

PL 1983, c. 413, §§53,54 (AMD). PL 1983, c. 816, §C1 (AMD). PL 1985, c. 240 (AMD). PL 1989, c. 450, §13 (AMD). PL 1989, c. 674 (AMD). PL 1999, c. 258, §2 (RPR). PL 1999, c. 258, §3 (AFF). PL 1999, c. 590, §§1,2 (AMD). PL 2003, c. 109, §§2,3 (AMD). PL 2005, c. 65, §C16 (AMD). PL 2007, c. 402, Pt. J, §1 (AMD). PL 2025, c. 203, §§3-6 (AMD).