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C.__The spouse, father, mother, grandfather, grandmother, | | children, grandchildren or siblings, living within or | | owning real or tangible property within the State, are | | considered legally liable relatives and as such are | | responsible for the burial or cremation costs of the | | eligible person in proportion to their respective abilities | | to pay.__If the surviving legally liable relative or | | relatives and the deceased subject were estranged at the | | time of death, the municipality may determine that the | | relative or relatives are not liable for funeral expenses.__ | | For purposes of this paragraph, "estranged" means living in | | separate residences and having a relationship characterized | | by hostility or indifference. |
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| | | When no legally liable relative possesses a financial | | capacity to pay either in lump sum or on an installment | | basis for the direct costs of a burial or cremation, the | | contribution of a municipality under this subsection is | | limited to a reasonable calculation of the funeral | | director's direct costs, less any and all contributions | | from any other source.__The funeral director's acceptance | | of the municipality's general assistance payment | | constitutes payment in full, relieving the legally liable | | relatives from financial obligation for all funeral | | services rendered. |
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| | | D.__The custody and control of the remains of deceased | | residents of this State are generally governed by section | | 2843-A.__In all other circumstances, the municipal general | | assistance administrator may authorize usual and customary | | general assistance funeral arrangements including | | cremation in cases when eligibility is determined to exist | | and when: |
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| | | (1)__No next of kin as defined by section 2843-A can | | be located; or |
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| | | (2)__The next of kin are unwilling or unable to take | | custody and control as defined by section 2843-A. |
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| | | General assistance administrators authorizing usual and | | customary general assistance funeral arrangements, | | including cremation, are presumed to be acting in good | | faith and are completely immune from liability. |
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| | | Sec. 5. 22 MRSA §4315, first ¶, as amended by PL 1993, c. 410, Pt. | | AAA, §9, is further amended to read: |
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| | | Whoever knowingly and willfully | | representation of a material fact to the overseer of any | | municipality or to the department or its agents for the | | purpose |
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