Amendment of Pre-need Funeral Contracts

(1) Except as provided in 239 CMR 4.04(2), a Pre-need Funeral Contract may be amended by the Licensed Funeral Establishment, the Buyer, or the Buyer's legal representative, at any time prior to the death of the Beneficiary of that contract. The party proposing the change shall give written notice of the proposed change to the other party at least ten days prior to the effective date of the proposed change. All such amendments shall be in writing, and no such amendment shall be effective unless signed by both parties to the contract. (2) A Pre-need Funeral Contract shall not be amended or modified, except by order of a court of competent jurisdiction, if: (a) The amendment or modification would convert a Pre-need Funeral Contract which was Irrevocable at the time it was originally made into a Revocable contract, and such an amendment or modification would adversely affect the eligibility of the contract Beneficiary for Medicaid or any other government benefits program; or (b) The amendment or modification would modify or eliminate any price-protection provision which was included in a price-protected Pre-need Funeral Contract at the time it was originally made.