§ 2101 Short title
§ 2102 Definitions
§ 2103 Application; principal place of administration
§ 2104 Common law and principles of equity
§ 2105 Exclusions
§ 2106 Powers of trust director
§ 2107 Limitations on trust director
§ 2108 Duty and liability of trust director
§ 2109 Duty and liability of directed trustee
§ 2110 Duty to provide information to trust director or trustee
§ 2111 No duty to monitor, inform or advise
§ 2112 Application to cotrustee
§ 2113 Limitation of action against trust director
§ 2114 Defenses in action against trust director
§ 2115 Jurisdiction over trust director
§ 2116 Office of trust director
§ 2117 Uniformity of application and construction
§ 2118 Relation to Electronic Signatures in Global and National Commerce Act
§ 2119 Effective date
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Terms Used In Maine Revised Statutes > Title 18-B > Part 2 > Chapter 21 - Maine Uniform Directed Trust Act

  • Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • 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
  • 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
  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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.
  • 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
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Military forces: means the state military forces, as defined in section 102. See Maine Revised Statutes Title 37-B Sec. 101-A
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • 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
  • Personal property: All property that is not real property.
  • 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.
  • 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
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Resident: means any person who lives in and receives services or care in a facility. See Maine Revised Statutes Title 34-B Sec. 13002
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72