Free Maine Power of Attorney Forms

What Is a Maine Power of Attorney?

A Maine power of attorney is a written acknowledgment that an agent has the right to act on a principal’s behalf. It usually grants decision-making authority in health care and financial contexts. If you’re unable to participate in matters such as legal cases, you can also make a limited POA for these instances.

This document is a foundational estate planning tool. It lets you entrust someone with control over your life choices when you can’t make those decisions.

A principal must have the physical and mental capacity to grant a power of attorney to an agent and be at least 18 to execute one in Maine.

Types of Powers of Attorney in Maine

Maine recognizes several types of power of attorney through its adoption of the Maine Uniform Power of Attorney Act. The power of attorney form you need in Maine will depend on the authority you want to give the agent. Additional preferences or conditions on that authority could further influence which power of attorney form best fits your needs.

Durable vs. Non-Durable Power of Attorney

A durable power of attorney allows an agent to act for the principal even after they become incapacitated. A non-durable power of attorney terminates when the principal can no longer make decisions for themselves. Under ME Rev Stat § 5-904, a power of attorney is durable unless the document states it terminates upon the principal’s incapacity.

Medical Power of Attorney

A medical power of attorney form gives an agent the authority to make your health care decisions when you lack the capacity to do so. Under ME Rev Stat § 5-803, a health care POA can authorize the agent to make any health care decision that the principal could make while having capacity. These decisions can include whether to start or stop treatment and other critical health care choices.

You can modify the terms of a Maine healthcare power of attorney to specify any limitations, preferences, or other considerations the agent should follow when making medical decisions on your behalf.

Financial Power of Attorney

Principals can grant many different powers to an agent as it relates to their financial affairs. For example, a power of attorney in Maine could give an agent the ability to complete the following tasks on your behalf:

• manage interests in real estate
• buy, sell, gift, transfer, or exercise other rights related to personal property
• open or close accounts at a financial institution
• oversee estates, trusts, and other beneficial interests
• operate a business
• maintain or exercise rights under an insurance policy
• manage litigation and other legal claims

Durable (Financial)

Stays in effect even when the principal becomes incapacitated.

Signing Requirements: Notary public.

Medical

Combines a living will and a durable power of attorney, enabling the agent to make all future decisions after the principal becomes incapacitated.

Signing Requirements: Two witnesses (§ 5-803).

Limited

Allows the principal to give limited powers to an agent for specific tasks, and typically ends when those tasks are complete.

Signing Requirements: Notary public.

Non-Durable (General)

Gives the principal the ability to pass financial control on to an agent of their choosing. Ends upon the incapacitation of the principal.

Signing Requirements: Notary public.

Springing

A legal document that "springs" into action at a future time and only when a specific event occurs (such as the incapacitation of the principal).

Signing Requirements: Notary public.

Tax (Form ME-2848)

Appoint a representative to handle tax-related matters, such as filings and inquiries.

Signing Requirements: Taxpayer(s) and representative(s).

Vehicle

Allow an agent to carry out vehicle-related transactions, such as ownership transfers, on behalf of the principal.

Signing Requirements: Notary public.

Real Estate

Use this to appoint an agent for real estate matters like buying, selling, refinancing, or managing property.

Signing Requirements: Notary public.

Minor (Child)

Use this for temporary child care decisions by a third party when parents are unavailable.

Signing Requirements: Notary public.

Revocation

Terminate a previous power of attorney agreement to end the agent’s authority.

Signing Requirements: Two witnesses and/or notary public (recommended).

How to Write a Power of Attorney for Maine

The steps for writing a Maine power of attorney will depend on the specific powers you want to grant to your agent. You must also consider any conditions or restrictions you want to place on your award of power. However, the general steps to complete a written power of attorney will likely include:

1. Provide the name of the principal and agent.
2. Confirm the powers you want to grant to the agent.
3. State the effective date and duration of the power of attorney.
4. Describe any limitations, exclusions, conditions, or restrictions on the agent’s powers.
5. State any applicable terminating events.

Use Legal Templates’ document builder to ensure you include all essential details. We walk you through each step to make your document legally enforceable and applicable to your situation.

Legal Requirements and Considerations for Maine POAs

When writing a power of attorney in Maine, you must meet specific execution requirements. Otherwise, the document may not be legally valid or recognized by local courts.

Duration

Depending on its purpose, a power of attorney can be effective indefinitely or for a limited period. It will automatically be durable unless you express otherwise, so be sure the language is clear to avoid confusion.

Termination

The following events could cause a power of attorney to end under ME Rev Stat § 5-910:

• The principal or agent dies
• The agent becomes incapacitated
• The agent resigns
• The power of attorney ends under its terms
• The principal revokes the power of attorney
• The court orders a termination of the power of attorney

Many people choose their spouse as the agent under their power of attorney. Unless the power of attorney states otherwise, it will automatically terminate if one spouse files an action for divorce, annulment, or legal separation.

Revocation

You can complete a revocation of a power of attorney using our state-specific form. This document provides formal notice of the principal’s decision to terminate the agent’s authority granted under the original power of attorney.

Sign and date the revocation in addition to stating its effective date. Share a copy with the agent whose powers you revoked and any entities or institutions that previously relied on the original power of attorney. Your agent may continue to take actions on your behalf before receiving notice of the revocation.

Filing

You may need to file the executed power of attorney with any entities or institutions related to the agent’s authority. For example, a power of attorney involving real estate may require filing a copy with your local land records office.

Signing and Notarization

A Maine power of attorney must meet the execution requirements under ME Rev Stat § 5-905. The principal must sign and date it or direct another person to sign it on their behalf while in their conscious presence. Additionally, notarizing your form is another legal requirement. A Maine power of attorney is invalid unless acknowledged before a notary public or another official authorized to take acknowledgements.