A Maine durable power of attorney is a legal document through which an individual (“the principal”) can confer legal authority to another individual (“the agent”) to make decisions on their behalf.
A durable power of attorney stays in effect even if the principal becomes incapacitated while a general power of attorney does not.
This form is sometimes called a general durable power of attorney or a durable power of attorney for finances, and is mostly used for financial and business matters.
Read on to uncover what you need to know to use a durable power of attorney in the Pine Tree State.
Maine Durable Power of Attorney Requirements
In Maine, power of attorney forms are durable by default.
Relevant Laws: § 5-901 (Maine Uniform Power of Attorney Act).
Presumed Durable: Yes — durability presumed (§ 5-904).
Signing: The signature of the principal is required.
Notarization: Requires notarization (§ 5-905). Notarization is also required for the Agent’s Certification when this form is signed and utilized—although the use of it is not mandatory. (§ 5-905(1), § 5-951)).
Statutory Form: No, only an Agent’s Certification Form.
How to Fill Out a Maine DPOA Form
Follow the steps outlined below to create your durable power of attorney form in Maine.
Step 1: Designate an Agent
Any competent adult can be named as your agent, but you might want to consider if they are trustworthy and fully understand what power of attorney is.
In Maine, you can also appoint co-agents that can act at the same time. However, this often leads to conflict, so it’s best to pick one agent and add a successor in case the first choice is unavailable.
To start the paperwork, you and your agent should write your names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
You can indicate on the form the type of power you want to grant to your agent: comprehensive power or specific ones, based on a list of possible responsibilities.
Here are the most common areas where your agent can be authorized to make decisions:
- Buying or selling things
- Managing a business
- Collecting debts
- Investing money
- Managing general finances
- Filing lawsuits on your behalf
You can also detail specific instructions on the form about which actions the agent can perform on your behalf.
Step 3: Ensure Your Form Is Durable
In Maine, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form.
Step 4: Sign and Date the Form
The agent and the principal sign and date the durable power of attorney form in front of a Notary Public.
Storing and Using Your Form in Maine
Once completed, you should store your durable power of attorney in a safe deposit box or secure place in your home.
You should also give a copy of the form to your agent, close ones, as well as relevant institutions.
Signing on Behalf of the Principal
For the agent to sign on your behalf, contact the third party where the DPOA will be used, and provide both of your IDs.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Maine
A principal can revoke a power of attorney by completing and filing a revocation of power of attorney. This is what it typically includes:
- Name and date
- The wish to revoke the DPOA
- The date when the original Power of Attorney was signed
- The name(s) of your agent(s)
- Your signature