Title 18-B, Title 18-B

1. Power of direction. Subject to section 2107, the terms of a trust may grant a power of direction to a trust director. 2. Powers of trust director. Unless the terms of a trust provide otherwise: A. A trust director may exercise any further power appropriate to the exercise or n…

A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A regarding: [PL 2019, c. 301, §8 (NEW).] 1. Medicaid …

1. Duties and liabilities. Subject to subsection 2, with respect to a power of direction or further power under section 2106, subsection 2, paragraph A: A. A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power: (1) If the power is …

1. Reasonable action to comply. Subject to subsection 2, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A, and the trustee is not liable…

1. Trustee's duty to provide information. Subject to section 2111, a trustee shall provide information to a trust director to the extent the information is reasonably related to both: A. The powers or duties of the trustee; and [PL 2019, c. 301, §8 (NEW).] B. The powers or duties…

1. Trustee. Unless the terms of a trust provide otherwise: A. A trustee does not have a duty to: (1) Monitor a trust director; or (2) Inform or give advice to a settlor, beneficiary, trustee or trust director concerning an instance in which the trustee might have acted differentl…

The terms of a trust may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that in a directed trust a directed trustee is relieved from duty and liability with respect to a …

1. Action for breach of trust. An action against a trust director for breach of trust must be commenced within the same limitation period as in the Maine Uniform Trust Code, section 1005 for an action for breach of trust against a trustee in a like position and under similar circ…

In an action against a trust director for breach of trust, the director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.

1. Personal jurisdiction. By accepting appointment as a trust director of a trust subject to this Act, the director submits to personal jurisdiction of the courts of this State regarding any matter related to a power or duty of the director. 2. Other methods not excluded. This se…

Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters: [PL 2019, c. 301, §8 (NEW).] 1. Acceptance. Acceptance under the Maine Uniform Trust Code, section 701; 2. Bond to secure performance. Givin…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c), or authorize el…

This Act takes effect January 1, 2020.