Maine Revised Statutes > Title 18-B > Part 2 – Maine Uniform Directed Trust Act

		Sections
Chapter 21	Maine Uniform Directed Trust Act	2101 – 2119

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Terms Used In Maine Revised Statutes > Title 18-B > Part 2 - Maine Uniform Directed Trust Act

Adjudication: means a finding by a court that a person has committed a traffic infraction and includes the acceptance by the clerk of the violations bureau or any judicial division of an answer of not contested. See Maine Revised Statutes Title 29-A Sec. 101
Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
Alcohol and drug program: means the alcohol and other drug education, evaluation and treatment program administered by the Department of Health and Human Services under Title 5, chapter 521, subchapter 5. See Maine Revised Statutes Title 29-A Sec. 2401
Alcohol level: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Maine Revised Statutes Title 29-A Sec. 2401
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bereavement services: means emotional support services related to the death of a family member, including, but not limited to, counseling, provision of written material, social reorientation and group support for up to one year following the death of the client who was terminally ill. See Maine Revised Statutes Title 22 Sec. 8621
Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001
Board: means the Board of Respiratory Care Practitioners established under this chapter. See Maine Revised Statutes Title 32 Sec. 9702
Care plan: means a written service delivery plan that the interdisciplinary team, in conjunction with the client, shall develop to reflect the changing care needs of the client. See Maine Revised Statutes Title 22 Sec. 8621
Chief administrative officer: means the head of a correctional facility or a detention facility. See Maine Revised Statutes Title 34-A Sec. 1001
Client: means a person who receives services from a provider. See Maine Revised Statutes Title 34-B Sec. 13002
Client: means the person who is receiving the hospice services. See Maine Revised Statutes Title 22 Sec. 8621
Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
Commissioner: means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. See Maine Revised Statutes Title 34-A Sec. 1001
Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001
Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 9702
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Conviction: A judgement of guilt against a criminal defendant.
Correctional facility: means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208?A. See Maine Revised Statutes Title 34-A Sec. 1001
Council: means the Maine Hospice Council established by section 8611. See Maine Revised Statutes Title 22 Sec. 8621
County legislative delegation: means all state legislators whose legislative districts, in whole or in part, lie within the boundaries of a county. See Maine Revised Statutes Title 30-A Sec. 1
County officers: means the commissioners, treasurer, sheriff, register of deeds and register of probate of a county. See Maine Revised Statutes Title 30-A Sec. 1
County official: means an elected or appointed member of a county government. See Maine Revised Statutes Title 30-A Sec. 1
Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 5 Sec. 17001
Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
Department: means the Department of Corrections. See Maine Revised Statutes Title 34-A Sec. 1001
Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
Department: means the Department of Transportation. See Maine Revised Statutes Title 29-A Sec. 101
Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 9702
Dependent: A person dependent for support upon another.
Detention facility: means the Long Creek Youth Development Center. See Maine Revised Statutes Title 34-A Sec. 1001
Direct service provider: means employees or volunteers who provide hospice services directly to a client. See Maine Revised Statutes Title 22 Sec. 8621
Docket: A log containing brief entries of court proceedings.
Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72
Earnable compensation: includes :
(1) Workers' compensation benefits;
(2) Maintenance, if any;
(3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and
(4) Pick-up contributions. See Maine Revised Statutes Title 5 Sec. 17001
Emergency: means a situation, physical condition, financial condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to individuals served or funded by the department, including, but not limited to, imminent or actual abandonment of a facility or service. See Maine Revised Statutes Title 34-B Sec. 13002
Employee: means :

A. See Maine Revised Statutes Title 5 Sec. 17001

Ex officio: Literally, by virtue of one's office.

Facility: means any residential facility funded in whole or in part by the department but does not include hospitals licensed pursuant to Title 22, chapter 405. See Maine Revised Statutes Title 34-B Sec. 13002

Family: means a spouse, primary caregiver, biological relatives and individuals with close personal ties to the client. See Maine Revised Statutes Title 22 Sec. 8621

Fiduciary: A trustee, executor, or administrator.

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Governing body: means the entity that establishes policy and is legally responsible for the overall operation of a hospice program. See Maine Revised Statutes Title 22 Sec. 8621

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

Habitual violation: means a violation of state or federal law that, due to its repetition, presents a reasonable likelihood of serious physical or mental harm to residents. See Maine Revised Statutes Title 34-B Sec. 13002

Hospice philosophy: means a philosophy of palliative care for individuals and families during the process of dying and bereavement. See Maine Revised Statutes Title 22 Sec. 8621

hospice provider: means a distinct, clearly recognizable entity that exists to provide hospice services. See Maine Revised Statutes Title 22 Sec. 8621

Hospice services: means a range of interdisciplinary services provided on a 24-hours-a-day, 7-days-a-week basis to a person who is terminally ill and that person's family. See Maine Revised Statutes Title 22 Sec. 8621

Ignition interlock device: means a device that connects a breath analyzer to a motor vehicle's ignition system. See Maine Revised Statutes Title 29-A Sec. 2401

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

interdisciplinary team: means a group comprised of at least a medical director, a licensed nurse, a licensed social worker, a pastoral or other counselor and a volunteer coordinator or representative. See Maine Revised Statutes Title 22 Sec. 8621

Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101

Licensee: means any person or any other legal entity, other than a receiver appointed under section 13003, who is licensed or required to be licensed to operate a facility or to provide services. See Maine Revised Statutes Title 34-B Sec. 13002

Likelihood of serious harm: means a:

A. See Maine Revised Statutes Title 34-A Sec. 1001

Medical director: means a licensed physician who oversees the medical components of hospice services and serves on the interdisciplinary team. See Maine Revised Statutes Title 22 Sec. 8621

Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001

Military forces: means the state military forces, as defined in section 102. See Maine Revised Statutes Title 37-B Sec. 101-A

Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:

A. See Maine Revised Statutes Title 29-A Sec. 101

Nonresident: means a person whose legal residence is not in the State. See Maine Revised Statutes Title 29-A Sec. 101

Nurse supervisor: means a licensed registered nurse with education, experience and training in hospice nursing care who is designated by the program director to oversee nursing services for the hospice program. See Maine Revised Statutes Title 22 Sec. 8621

Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101

OUI: means operating under the influence of intoxicants or with an excessive alcohol level under section 2411, 2453, 2453?A, 2454, 2456, 2457 or 2472. See Maine Revised Statutes Title 29-A Sec. 2401

OUI offense: means an OUI conviction or suspension for failure to submit to a test. See Maine Revised Statutes Title 29-A Sec. 2401

Owner: means the holder of the title to the real estate in which the facility is maintained. See Maine Revised Statutes Title 34-B Sec. 13002

Permanent incapacity: means a guardian or conservator has been appointed by a court of competent jurisdiction to manage the affairs of an office holder. See Maine Revised Statutes Title 30-A Sec. 1

Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101

Person: means any individual, partnership, unincorporated organization or corporation. See Maine Revised Statutes Title 32 Sec. 9702

Person with mental illness: means a person who has attained 18 years of age and has been diagnosed as having a psychiatric or other illness that substantially impairs that person's mental health. See Maine Revised Statutes Title 34-A Sec. 1001

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

Primary physician: means the physician identified by the client or by the person authorized to make decisions for the client pursuant to a durable health care power of attorney. See Maine Revised Statutes Title 22 Sec. 8621

Prison: means the Maine State Prison. See Maine Revised Statutes Title 34-A Sec. 1001

Prisoner: means an adult person sentenced and committed to, transferred to or detained in the custody of the department, including a person on supervised community confinement. See Maine Revised Statutes Title 34-A Sec. 1001

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Program director: means the person designated by the governing body of a hospice program as responsible for the day-to-day operations of the program. See Maine Revised Statutes Title 22 Sec. 8621

Provider: means a business entity or subdivision of a business entity, whether public or private, proprietary or nonprofit, engaged in providing services licensed or funded, in whole or in part, by the department but does not include a hospital licensed pursuant to Title 22, chapter 405. See Maine Revised Statutes Title 34-B Sec. 13002

Provider: means the owner of an institution, building, residence or other place, whether operated for profit or not, in which the owner undertakes to provide continuing care. See Maine Revised Statutes Title 24-A Sec. 6201

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 5 Sec. 17001

Resident: means any person who lives in and receives services or care in a facility. See Maine Revised Statutes Title 34-B Sec. 13002

Respiratory care: includes the terms "respiratory therapy" or "inhalation therapy. See Maine Revised Statutes Title 32 Sec. 9702

Respiratory care practitioner: means a person licensed as a respiratory therapist or as a respiratory care technician under this chapter. See Maine Revised Statutes Title 32 Sec. 9702

Respiratory care practitioner trainee: means an employee of a health care facility who is enrolled in the clinical portion of an approved respiratory care educational program. See Maine Revised Statutes Title 32 Sec. 9702

Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001

Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001

Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

State employee: means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20?A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20?A, section 7407, subsection 3?A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority, any employee of the Efficiency Maine Trust who on June 30, 2009 is an employee of the Public Utilities Commission energy efficiency or renewable energy programs who elects to remain a state employee, any employee of the Efficiency Maine Trust who accepts employment with the Efficiency Maine Trust prior to July 1, 2010 who was a state employee immediately prior to accepting such employment who elects to remain a state employee and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:

A. See Maine Revised Statutes Title 5 Sec. 17001

Subpoena: A command to a witness to appear and give testimony.

Subscriber: means a purchaser or beneficiary of a continuing care agreement. See Maine Revised Statutes Title 24-A Sec. 6201

Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 6201

Teacher: includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. See Maine Revised Statutes Title 5 Sec. 17001

Terminally ill: means that a person has a limited life expectancy in the opinion of the person's primary physician or the medical director. See Maine Revised Statutes Title 22 Sec. 8621

test: means a test or tests used to determine alcohol level or the presence of a drug or drug metabolite by analysis of blood, breath or urine. See Maine Revised Statutes Title 29-A Sec. 2401

Testify: Answer questions in court.

This subchapter: means the "Uniform Agricultural Cooperative Association Act. See Maine Revised Statutes Title 13 Sec. 1774

Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101

Traffic infraction: means any violation of any provision of this Title, or of any rules established under this Title, not expressly defined as a crime or as a civil violation and otherwise not punishable by incarceration. See Maine Revised Statutes Title 29-A Sec. 101

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transfer trauma: means the combination of medical and psychological reactions to abrupt physical transfer that may increase the risk of grave illness or death. See Maine Revised Statutes Title 34-B Sec. 13002

Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101

Volunteer: means a trained individual who works for a hospice program without compensation. See Maine Revised Statutes Title 22 Sec. 8621

Volunteer hospice program: means a hospice program that provides all direct patient care at no charge. See Maine Revised Statutes Title 22 Sec. 8621

Voter: means a person registered to vote. See Maine Revised Statutes Title 30-A Sec. 1