A Will is a legal document that states who you want to get your money and your property when you die. In Maine, anyone aged 18 or older who is of sound mind can make a Will. When you write your Will, you list all your property and who you want to give it to after you die (these people are called your beneficiaries). You may also designate your Personal Representative, the person who will carry out the wishes you specify in your Will and distribute your property. You can change your Will at any time so long as you are of sound mind. Otherwise, it’s only final at your death.

A good Will can prevent family members and others from fighting about your property in probate court. Here’s an example: Let’s say you have a long-time unmarried partner and you have children from a previous relationship. If you pass away without a will, Maine law provides that your children would inherit your property and not your partner. This may or may not suit you. But, you have the power to change this if you have a Will.

If you want to make sure a certain person gets a special item such as jewelry, make a Will! If you want to leave money to a favorite charity, make a Will! If you want your close friend, not your only living relative, to have most of your money or property, make a Will!

If you do not have a Will, state law will determine where your things go after you die. This can be a fairly complicated process if you have a large or “blended” family. It is a good idea to talk to an attorney to make sure your wishes are understood by those who need to know.

No, but it’s risky to do it yourself. Laws are complex. This is especially true if you have a large or “blended” family or own real estate. An attorney can help make sure that your wishes are carried out after you die.

It is best to have an attorney help you with a Will. Hiring an attorney to write a good Will might cost less than you think. You may already know an attorney who you can call to find out what it would cost for a Will. If you don’t know any attorneys you could ask your friends and family if they have worked with an attorney. You could also find an attorney by calling the Maine State Bar Association’s Lawyer Referral Service at 1-800-860-1460 [1]. There is a $25 fee for a referral which includes a thirty minute consultation with an attorney.

IMPORTANT NOTE: You might be thinking about using a “Do-it-Yourself” estate planning software kit or a pre-printed Will form from an office supply store or an online form. This is not a good idea. If you cannot afford to hire an attorney to help you with a will there is a low-cost will form called the Maine Statutory Will form that is available through Maine’s sixteen Probate Courts (there is one Probate Court in each county). To find your local Probate Court please visit their website: https://www.maineprobate.net/welcome/ [2]

You can also write your will yourself. This is called a Holographic Will. The Will must be written in your own handwriting and signed by you. No witnesses are needed.

IMPORTANT NOTE: If you are being pressured by someone to get a will or to change your will it is important that you talk to an attorney for help.

IF YOU FEEL PRESSURED TO GET A WILL OR TO CHANGE YOUR WILL PLEASE CALL Legal Services for the Elderly at 1-800-750-5353 [3] and talk to an attorney for free.

When you make a Will, you name the person who you want to take charge of your property after you die. This person is called the Executor or Personal Representative (PR). The PR finds and reads your original Will. She decides whether the Will needs to be “probated,” a process by which a probate court reviews the Will and makes sure the directions in the Will are followed.

If you own very little property when you die, the PR can most likely give it to the people you name in your Will without going to probate court. If you own a good amount of property, the PR sends the original Will to the probate court. She asks to be “appointed” by the court as PR. Your family is notified about this request and if no one objects, the court gives her the authority to act as PR. The PR may also pay any bills left at your death if there is money to do so.

Normally, it does not take long or cost a lot to probate a Will in Maine. Many people go through this process without an attorney. The probate court simply makes sure everything is in order and the Will is followed. Sometimes, people listed in the Will object to the way things are being handled. Often, it has little to do with the value of the property being probated. The probate judge will settle these disputes.

It depends on the type of property. Some property cannot be passed to others without a Will, and it is hard to know if you have taken care of everything without a Will.

An attorney can help you decide if you need a Will or can advise you on the best way to transfer property without a Will. Keep in mind that transferring property, with or without a Will, can be risky. Your MaineCare eligibility can be impacted by property transfers and gifts. Also, it can create unintended consequences for the people receiving the property. An attorney can help you understand your options and plan for the future.

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and you have questions about the probate process or if you are being pressured by someone to get a will or to change your will, call the Legal Services for the Elderly Helpline at 1-800-750-5353 [3] to speak to an attorney for free.

Any spoken or written decision or instruction about the health care you want in the future is called an Advance Directive. You can tell your doctor or family what you want, but it is best to write it down.

Advance Directives are sometimes called Living Wills or Durable Health Care Powers of Attorney. If you have already signed one, make sure your doctor, your hospital and your family have a copy. If you don't have one, the Maine Hospital Association has a free form you can use. You can get the instructions and the form by clicking here. [4] This is a very straightforward form that provides easy to follow directions. However, the law does not require that a particular form be used, so you may use any form that you like when preparing an Advance Directive.

In Maine anyone 18 years old or older can complete an Advance Directive. If you are younger than 18 you may also be able to complete an Advance Directive under certain circumstances.

If you sign an Advance Directive, your family and your doctor will know who to talk to about your care or what kinds of treatment you want or do not want when you are too sick to decide. This could happen if you have a serious illness or are near the end of life. If your doctor does not know your wishes, they will treat you until they can ask your family what you want. If your family does not know your wishes, you may get treatments you do not want.

The Maine Hospital Association form provides you with a number of choices, including:

1. Choosing someone to make all your health care decisions beginning either right away or when you are too sick to make decisions. That person is called your agent. Your agent can be a family member or friend. If you choose an agent, two (2) witnesses must sign your Advance Directive.
    
2. Choosing whether or not you want certain end-of-life treatments when you are very ill. For example, you can choose what you wish to have done if you are terminally ill or unconscious. Your agent must follow any choices you make in an Advance Directive.
    
3. Stating a desire to donate your organs. Indicate your wishes and any plans you have made to donate your organs.
    
4. Naming your primary doctor.

You can find an interactive version of the Maine Hospital Association’s form and instructions by clicking here. [4]

If you do not name an agent or do not have an Advance Directive, the doctor will ask your family what treatment you would want, in this order:

• Spouse (unless legally separated) or similar relationship
• Adult children
• Parents
• Adult brothers and sisters
• Adult grandchildren
• Adult nieces and nephews
• Adult aunts and uncles

If the doctor can't reach a family member, the doctor may ask another adult relative or good friend who knows your values. If you do not want certain members of your family members to be able to make decisions for you, you need to put this in writing and give it to your doctor or hospital.

Your family can tell your doctor to continue to treat you. They can also tell your doctor to stop or not give treatment to keep you alive (life-sustaining treatment) if you are terminally ill or unconscious. Certain family members may not, however, be able to make other decisions for you unless you name one of them as your agent in your Advance Directive.

When you need medical care, you have certain rights, including the right to refuse care. You have a right to know:

• What your medical problem is and what tests and treatments may be needed.
• What the doctor thinks can be done and what the usual risks are.
• If there are other ways to care for you.
• What may happen if you refuse care.

1. Get a free form and instructions from the Maine Hospital Association by clicking here. [4] Most health care facilities also have free forms that you can use for making an Advance Directive. Legal Services for the Elderly can also send you a copy of the Maine Hospital Association’s form. If you’d like to get one or if you would like help filling out the form, give LSE a call at 1-800-750-5353 [5].


2. Talk to your doctor. Ask your doctor about your health and what might happen to you. Take the form with you to the visit to help you think about the choices you have.


3. Fill out the form, sign it, and have 2 others sign as witnesses. The person you choose to make health care decisions for you cannot be a witness to your signature. You don’t have to have an attorney to make an Advance Directive, unless you want to. You don’t have to get it notarized, but it’s a good idea to do so if you can.


4. Make copies and give one to each of your doctors or hospital. Ask your doctor to include it in your medical record. If you had an attorney help you with the form, give a copy to her. Also give a copy to the person you have named to make health care decisions for you. It’s a good idea to keep the original yourself and give other copies to your family.


5. Keep on talking about what you want. Writing an Advance Directive is just the start of an on-going process. Look at your Advance Directive every five years or if you have a new health situation to make sure it still reflects your wishes. Talk with your family, your doctor, and anyone else who is involved in your care about what you want. Make sure they agree to do what you want. It’s not easy to think about or talk about these things, but unless others know what you want, you may get care you don’t want, or your family could end up in court fighting about your care.
   
   If you aren't sure how to talk about this with your family, Legal Services for the Elderly can provide you with some materials that include suggested topics. Call the Helpline at 1-800-750-5353 [5] to get a copy of these materials.

Your doctor will put the Advance Directive in your medical record, where it should be seen by everyone involved in your care. Later on, if you are terminally ill or unconscious, the doctor caring for you will follow the directions in your Advance Directive. If the doctor is not willing to follow your directions because of the doctor's own personal or religious beliefs, he or she must transfer you to the care of another doctor who will follow your directions.

Many people want their Advance Directive to go into effect immediately. If you do, you have to say so in your Advance Directive. If your Advance Directive doesn’t say anything about when it will go into effect, it will be used only when you become “incapacitated,” meaning you are too sick to choose your care or tell others what care you want. Your doctor will help decide if that time has come and when your Advance Directive should be used. If your doctor later states that you have recovered and have regained your ability to choose your care or tell others what you want, then your Advance Directive is no longer in effect.

Unless you state otherwise in your Advance Directive, your primary care physician will be responsible for determining incapacity. If your primary care physician is unavailable, then the physician who is providing you care at the time will make the incapacity determination.

If you want to name a specific person or someone other than your primary care physician to determine incapacity, then you must state this in your Advance Directive. Some alternative options might be:

• Your primary care physician makes an initial determination about your incapacity, but then must obtain a confirming second opinion from another doctor before your Advance Directive becomes effective.
• A probate court judge can make the incapacity determination.

Yes. If your doctor, hospital, or other place of health care has any special rules about health care decisions, or if they will not carry out your decisions, they must tell you. They must then arrange to move you to a doctor, hospital, or other place which will carry out your decisions.

Sometimes emergency medical personnel administer life support to people who have Advance Directives that say they don’t want life supports. This may happen because, in an emergency, the staff will have to act quickly. They may not have time to read the Advance Directive before responding to the emergency. And, even after they read the Advance Directive, the would need even more time to make sure that the patient is in a terminal condition and that it is indeed appropriate to withdraw treatment.

If you are already in a terminal condition and feel strongly that you do not want to be given life support under any circumstances, you should talk to your doctor. Your doctor may be able to notify the ambulance service and the emergency room that they should not give life support and that they should only give you treatment that will ease your pain and keep you comfortable.

If you are in the hospital and your heart or breathing suddenly stops, drugs, machines, and other means will be used to try to restart them. This is called cardiopulmonary resuscitation or CPR. CPR is always done unless your doctor writes an order called a "Do Not Resuscitate" order or DNR. If you have concerns about CPR, discuss them with your doctor while you are well. If you make an Advance Directive that says you do not want CPR, it may not be possible for the hospital to follow your decision all the time. For example, if you come to the emergency room and your heart has stopped, there may be no time to check your Advance Directive before CPR is started. If you do not want CPR, your doctor must write a DNR order for you and put it in your hospital record. Your doctor will then give you a special orange bracelet designed to alert ambulance crews and hospital emergency personnel that you do not want CPR.

You may choose to sign a different form, called a Mental Health Directive, which allows you to choose what treatment you want if you become very mentally ill and are unable to make health care decisions. This is similar to making a Health Care Advance Directive, but there are questions that are specific to mental health determinations that will affect what you write in your Mental Health Directive. You should contact the Maine Disability Rights Center and talk to an attorney about this process. See Resources, below, for contact information for the Maine Disability Rights Center.

Yes, unless the probate court specifically decides otherwise. Under the “Uniform Health Care Decisions Act,” Guardians have to follow Advance Directives unless the court orders that the Guardian’s decisions need to be followed instead.

It is possible that you may get sick, injured, or need to go to a hospital while visiting in another state. You should carry a copy of your Advance Directive with you in your wallet or purse, since your medical record will not be available right away to the doctors there. You should also have your Advance Directive witnessed by a notary public or attorney if you travel sometimes and are concerned about how your Advance Directive will be treated in another state. Whether the doctors there follow your directions depends on whether that state has an Advance Directive law similar to Maine's. As of February 2013, at least 42 states recognize Advance Directives.

The law says that insurance companies are not allowed to base anything in an existing or future life insurance policy on whether a person does or does not have an Advance Directive.

Every hospital and many other places that provide health care in Maine have Advance Directive forms or can tell you how to get them. Just ask your doctor or nurse. They can explain the forms, but they cannot give you legal advice.

No one can make you sign a form or stop you from signing it. You also have the right to change or cancel a form at any time. The Advance Directive form does not allow others to control your money or property. It does not allow anyone to violate laws against mercy killing and euthanasia.

If you have a complaint about how a hospital or other health care facility handled your Health Care Advance Directive, you may contact:

               Division of Licensing and Regulatory Services
               Maine Department of Health and Human Services
               State House Station 11, 41 Anthony Ave. 
               Augusta, ME  04333
               Tel: 207-287-9300 [6] OR 1-800-383-2441 [7]

If you have a complaint about how a physician or physician assistant handled your Health Care Advance Directive, you may contact:

               Maine Board of Licensure in Medicine
               137 State House Station
               Augusta, ME 04333-0137
-                Tel: 207-287-3601 [8] OR Complaints: 1-888-365-9964 [9]

                              OR

               State of Maine Board of Osteopathic Licensure
               142 State House Station
               Augusta, ME  04333-0142
               Tel: 207-287-2480 [10] OR Complaints: 1-888-365-9964 [9]

If you have a complaint about how a nurse practitioner handled your Health Care Advance Directive, you may contact:

Maine State Board of Nursing
158 State House Station
Augusta, ME 04333-0158
Tel: 207-287-1133 [11]

Legal Services for the Elderly      
If you are a Maine resident who is 60 or older and you have questions about making a Health Care Advance Directive, or if you would like us to mail you a form, call the Legal Services for the Elderly Helpline at 1-800-750-5353 [5] to speak to an attorney for free.

The Maine Hospital Association
You can find an Advance Directive form, instructions and additional resources on The Maine Hospital Association’s website by clicking here. [12]

Maine Disability Rights Center
If you have a mental illness or cognitive impairment and you are interested in learning more about making an Advance Directive or a Mental Health Advance Directive, the Maine Disability Rights Center can help you.  Click here for the Maine Disability Rights Center's website. [13]

1-800-452-1948 [14]

Disability Rights Center
24 Stone Street, Suite 204
Augusta, ME  04330

Maine Office of Aging & Disability Services, Department of Health and Human Services
The Office of Aging and Disability Services is a great resource for seniors in the process of planning for their future. The publication Aging: Taking Care of Business, A Guide for Older People, Families and Friends Regarding covers: Health Care Advance Directives, Durable Powers of Attorney for Finances, Guardianship/Conservatorship, as well as other related information.

Read the Guide: Aging: Taking Care of Business, A Guide for Older People, Families and Friends by clicking here. [15]

Consumer's Toolkit for Health Care Advance Planning
Created by the American Bar Association, this Toolkit contains a variety of self-help worksheets, suggestions, and resources. There are 10 tools in all, each clearly labeled and user-friendly. The toolkit does not create a formal Advance Directive for you. Instead, it helps you do the much harder job of discovering, clarifying, and communicating what is important to you in the face of serious illness.

Get the toolkit at the American Bar Association website by clicking here. [16]

A Power of Attorney is a document that gives someone else (usually a trusted relative or friend) the authority to make certain decisions and act on your behalf. The person to whom you give these powers is called an "agent" or "attorney-in-fact." You are called the "principal."

The most common type of Power of Attorney is called a Durable Power of Attorney.  The word “durable” means that you created your Power of Attorney while you still had capacity, and that you intended for the document to remain in effect if you become “incapacitated.” You are “incapacitated” when you are too sick to make decisions for yourself or tell others what care you want.  Without the document expressly stating that it is a Durable Power of Attorney, the agent could lose her authority if you are later determined to be incapacitated.

No.  You can still manage your own affairs as long as you are willing and able.  Signing a Power of Attorney does not mean you can no longer make your own decisions.  Signing a Power of Attorney means that someone else can handle your affairs if you ask them to or when you cannot. It does not mean you give up any rights to your money, your property or your ability to make your own decisions.

If you agent does start handling your affairs, they must handle your money and property the way you want.    As long as you are capable of making decisions, the agent must follow your directions. The law says that your agent must do what is in your best interests. You can revoke the Power of Attorney at any time if you become unhappy with what the agent is doing so long as you still have capacity, meaning that you understand what you are doing.

If your agent is telling you that you can’t do something because they have “Power of Attorney over you,” he or she might not understand what it means to be your agent, or worse, might be abusing his or her authority as your agent.  REMEMBER: when you sign a Power of Attorney, you do not give up your rights and freedoms. If you are unhappy with your agent or want to revoke your Power of Attorney, call the Legal Services for the Elderly Helpline to talk to an attorney for free and confidential help: 1-800-750-5353 [5].

Talk to an attorney who can help you decide what’s best for you.  If you’re 60 or older, an attorney from Legal Services for the Elderly can answer your questions and may be able to create a Power of Attorney for you.

Do not use a pre-printed form from an office supply store, a library, or the internet.  Some of these forms are not legal in Maine. Even if the form is legal, it may not give you the best legal protection.  Most pre-printed forms give agents the broadest possible authority with few limits.  Unfortunately, some agents abuse this authority and help themselves to your money and property.  An attorney can help draft a Power of Attorney that includes protections to avoid or reduce this risk.

If you have already used one of these forms to create a Power of Attorney, you might want to talk to an attorney.  An attorney can help you put some limitations on the agent’s authority if you decide it is a good idea.  Legal Services for the Elderly can answer your questions for free.  Call the Legal Services for the Elderly Helpline at 1-800-750-5353 [5].

No. The benefit of signing a Power of Attorney is that it gives someone else the legal power to do things for you when you can’t without having to go through any type of court process.  But, if you don’t have a Power of Attorney and something happens to you, your family will need to go to court and ask the court to give them the authority to handle your affairs.

The person you choose to be your agent or attorney-in-fact has to do certain things. The agent’s most important job is to always act in your best interest.

Although your agent is only supposed to do things that are in your best interest or for your benefit, your agent has great freedom to do as he or she pleases. Because your agent will have so much power, it is important to choose someone whom you trust. Before choosing an agent, ask yourself the following questions:

• Do I trust this person?
• Does this person understand my feelings and my point of view? Will he or she follow my wishes if I am ever incapacitated?
• Is this person willing to do the work and spend the time handling my affairs?
• Is this person available to visit me or to keep in contact by phone?
• Is this person knowledgeable about finances? If not, would this person seek the help of experts?
• Would I trust this person to handle my money if no one was watching them?

An agent must keep your money separate from his or her own. He or she must not be personally involved in or stand to profit by any action taken on your behalf.

An agent is not allowed to give away or transfer any of your money, personal property, or real estate to himself or herself unless the Power of Attorney document says this is OK.  You and your agent must remember that certain gifts can affect your eligibility for long-term care benefits under Medicaid and can result in other serious consequences.  Because of these risks, it is especially important that people with property (such as a house or a camp), savings (such as bank accounts, stocks, bonds, certificates of deposit) and income (such as salary, pension, and Social Security benefits) get an attorney to help them make a Power of Attorney.

You should call Legal Services for the Elderly to talk to an attorney about your situation.  It’s free and easy.  The attorney can help you decide what you should do. Call the Legal Services for the Elderly Helpline: 1-800-750-5353 [5].

Yes, unless you say otherwise in your Power of Attorney. The agent should keep separate and accurate records and make them available to you or anyone you choose.

This depends on the relationship of the agent and the principal and the duties involved. Normally, in family situations where the agent’s duties are simple, no payment is provided. However, if an agent has to run a business or manage complicated financial affairs, then payment is appropriate. Legally, no payment is required. If payment is intended, it should be clearly stated in the Power of Attorney document.

If your agent is going to start taking actions for you immediately, you should give him or her the Power of Attorney. You should keep a copy for your records. You may also choose to keep the original yourself if you do not want your agent to start conducting your business right away.  Keep the original in a safe place at home where it can be found if it is needed.

No. In order to create a Power of Attorney, you must know and understand what you are doing. A person who is mentally incapacitated cannot make a Power of Attorney.

Yes. If you are mentally capable but unable to sign your name, any mark made with the full intention that it be your signature is acceptable.

Yes. If for any reason you are no longer comfortable having your agent handle your affairs, you have the right to revoke the Power of Attorney at any time, as long as you are of sound mind. You might want an attorney to help you do this. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 [5] to talk to an attorney for free.

 In order to revoke a Power of Attorney, you simply write or type a statement which includes the following:

• Name and date;
• You wish to revoke the Power of Attorney;
• Specify the date the original Power of Attorney was signed;
• Specify the person or persons named as your agent(s); and,
• Your signature.

Give copies of that statement to your agent and to any institutions and agencies that had notice of your Power of Attorney, such as banks and hospitals. After you revoke the Power of Attorney, you can 1) execute a new Power of Attorney naming someone else as your agent to handle your affairs; or 2) handle your own affairs.

No. A Power of Attorney ends upon your death. Your will, or if you don’t have a will, Maine law, governs the handling of your estate. A Power of Attorney document is not a substitute for a will.

Yes, Guardianship and Conservatorship are alternatives. However, you lose many freedoms and rights under Guardianship or Conservatorship and only a probate court can appoint a Guardian or Conservator. If you want the court to be able to review your affairs, you might want to have this formal arrangement. However, managing your affairs by either alternative can be accomplished more easily and cheaply with a Power of Attorney.

This is very risky. When you put someone’s name on your bank account, that person becomes the co-owner of all the money in the account.  This means the other person does not need your permission to withdraw some, or all of the money, regardless of who deposited it.  It also means that if the other person runs into money problems or gets a divorce, then you risk losing some, or all of the money to his or her creditors or in the divorce settlement.  Sometimes co-owners abuse the trust placed in them and take all the money.  Also, adding someone to your bank account can impact your ability to get MaineCare to cover your long term care costs. This is why joint accounts are very risky. 

If you are still interested in having a joint account, you should talk to your bank.  It might be able to offer a safer alternative to a joint bank account that accomplishes what you want.

If you already have a joint account and you think the co-owner is taking money when they shouldn’t, you should get an attorney to help.  Or, if you are unsure as to whether you should add someone's name to your account, you should talk to an attorney. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 [5] to talk to an attorney for free. 

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and you want help making or revoking a Power of Attorney, call the Legal Services for the Elderly Helpline at 1-800-750-5353 [5] to talk to an attorney for free and confidential help.

Maine Office of Aging & Disability Services, Department of Health and Human Services
The Office of Aging and Disability Services is a great resource for seniors in the process of planning for their future.  The publication Aging: Taking Care of Business, A Guide for Older People, Families and Friends Regarding covers: Health Care Advance Directives, Durable Powers of Attorney for Finances, Guardianship/Conservatorship, as well as other related information.

Read the Guide: Aging: Taking Care of Business, A Guide for Older People, Families and Friends by clicking here. [15]  

There are a number of decisions you can make when pre-planning your funeral.  The first step is to decide what you want to have happen to your body after your death.  Whatever decision you make will help guide you through the rest of your planning. 

Once you have decided what you want to have happen with your remains, you should consider if you want a ceremony and if so, what kind of ceremony you would like.  If that ceremony includes the use of a funeral home and/or cemetery, it is important to consider your options.  You should shop around and find a funeral home that fits your needs and gives you the best value.  Start by researching what is available in your area and go visit the funeral homes. It is a good idea to bring someone with you when you visit, and do not sign anything on the first visit! 

Funeral directors are required by federal regulation to provide you with specific pricing information upon request.  Ask the funeral director to give you a “General Price List.”  You may be surprised to find big price differences, so compare these lists and choose the best option for you. 

Whatever you decide, keep a copy of all your paperwork and write down any wishes you have about specific things.  Share this information with your spouse or a close friend or relative so they can make sure your plans are put into effect.  You can include your funeral and burial plans in your estate plan and can direct your Personal Representative to act in accordance with your wishes.  For more information on Wills and Personal Representatives, see the section of this chapter titled “Wills”.

A Mortuary Trust, or Pre-Paid Funeral Contract (also called a “Pre-Need Funeral Arrangement”) is an agreement between a purchaser (payor) and a funeral home that acts as a trustee (keeping the funds safe for their final use).  The purchaser may or may not be the person who receives the funeral goods and services at death (beneficiary).

A Pre-Paid Funeral Contract can save you money if certain prices are guaranteed. Some prices may not be guaranteed, so read the Contract carefully. Ask questions if you are unsure about any part of the contract.

There are laws that apply to Mortuary Trusts.  These laws are in place to protect the purchaser.  Even so, it is very important that you read the entire contract before you sign it. Better yet, before you sign, have the funeral home fill in the guaranteed prices. Then, take the contract home to look it over.

Some advantages of a Mortuary Trust are:

• Many prices are guaranteed;
• Making decisions ahead of time with a clear head may help you avoid excessive expenses that come with high-pressure sales talk;
• A Mortuary Trust is an exempt asset under MaineCare up to a certain dollar limit. This means the money in the Trust may not count in determining Mainecare eligibility.

Some disadvantages of a Mortuary Trust are:

• They are often not revocable (you can’t get your money back).  However, you can transfer the Trust to another funeral home;
• You may not be able to transfer the Trust to another state.  If the beneficiary moves and dies in another state, additional expense may be added;
• If you decide to change from a higher cost burial to a lower cost cremation, you will probably lose money by being “locked into” the earlier Contract.

Any Maine resident aged 16 years or older may become an organ donor by adding his or her name to the organ donor registry.  Becoming an organ donor requires only a few simple steps and can be completed online, or if you prefer, you can visit you local Bureau of Motor Vehicles branch office to sign up in person.  To join the registry and become an organ donor, visit the organ donor registry by clicking here. [17]

Funerals: Consumer Rights Under the Funeral Rule
For a great overview of the entire funeral and burial planning process, including a summary of legal protections available to you, visit the Federal Trade Commission’s website and review the article “Shopping for Funeral Services,” available by clicking here. [18]

MaineBureau of Motor Vehicles
For more information about organ and tissue donation in Maine, visit the Maine Bureau of Motor Vehicles website available by clicking here [19].

To join the registry and become an organ donor, visit the organ donor registry available by clicking here. [17]

Or visit your local Bureau of Motor Vehicles Branch office and complete the forms in person.

REMEMBER: If someone is trying to become your Conservator and you don’t think you need one, you should get an attorney to help you. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 [5] to talk to an attorney for free.

Legal Services for the Elderly
If you are a Maine resident who is 60 or older and someone is trying to become your Conservator or Guardian and you don’t think you need one, call the Legal Services for the Elderly Helpline at 1-800-750-5353 [5] to speak to an attorney for free.

Maine Office of Aging & Disability Services, Department of Health and Human Services
The Office of Aging and Disability Services is a great resource for seniors in the process of planning for their future. The publication Aging: Taking Care of Business, A Guide for Older People, Families and Friends Regarding covers: Health Care Advance Directives, Durable Powers of Attorney for Finances, Guardianship/Conservatorship, as well as other related information.

Read the Guide: Aging: Taking Care of Business, A Guide for Older People, Families and Friends by clicking here. [15]