A Maine power of attorney revocation form is essential for anyone looking to terminate an existing POA arrangement.
It serves as a formal declaration to end the authorization previously granted, requiring only the details of the original POA and the revoking party’s signature.
Legal Considerations
Statute – § 5-910(1)(C)
Signing Requirements – Two witnesses and/or notary public (recommended).
Revocation and Termination
There are several ways under § 5-910 to terminate a power of attorney and agent’s authority:
- When the principal dies.
- When the principal revokes the document.
- Following a condition or date when it automatically ends.
- If the specific task it was created for is completed.
- If the principal revokes the agent’s authority, the agent dies, becomes incapacitated, or resigns, and no alternate agent is named in the document.
An agent who is the principal’s spouse loses their authority if the couple divorces or legally separates unless the document specifies otherwise. The same applies to registered domestic partnerships.
Even after the POA terminates, the agent may still be protected if they acted in good faith without knowing that it had ended. A new form doesn’t automatically revoke a previous one unless the new document explicitly states that it does.
Fees
- Notary: Notarization is recommended with fees in Maine ranging from $5 to $10 per signature.
- Recording: If your POA was filed at a Maine Registry of Deeds, revoke it there too. Recording fees may vary by county, generally between $20-$50.
Resources
- State Bar Association Website – Related information and resources for the public.
- Pine Tree Legal Assistance (PTLA) – Offers a guide on powers of attorney for low-income residents.
Related Forms
Durable Power of Attorney Form
Signing Requirements: Principal and notary public.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
Medical Power of Attorney
Signing Requirements: Two witnesses.
