Free Maine Power of Attorney (POA) Form

A Maine Power of Attorney allows you to grant authority to an Agent to handle your affairs and sign documents on your behalf. Find out how to get your customized form online now.

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Last Update September 18th, 2023

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Table of Contents:

Types of Power of Attorney in Maine
How to Get a Power of Attorney in Maine
Maine Power of Attorney Requirements
Maine Power of Attorney Sample
FAQs About Maine Power of Attorney Forms

Types of Power of Attorney in Maine

There are many types of POA that can be used in Maine to appoint an Agent or Attorney-in-Fact to make decisions and to manage essential financial and/or medical responsibilities for a principal.

The most common kinds of POA available in Maine include the following examples:

Type of POA	Uses	Usable After Incapacity?
Durable	A durable POA allows an Agent to manage your estate for you at all times, even if you fall unconscious or become medically incapacitated.	Yes
General	General POAs give Agents control over a wide range of your financial responsibilities. This expires, however, if you fall unconscious or are incapacitated.	No
Limited	Limited POAs grant an Agent responsibility over specific, normally one-off, tasks. These forms are usually time-limited, only giving your representative authority for a short period of time.	Yes (if durable)
Medical	Medical POAs allow you to delegate important healthcare decisions to your Agent. This can then be used when urgent choices regarding treatment need to be made when you’re unconscious.	Yes
Real Estate	Real Estate POAs let your Agent manage tasks related to the buying and selling of property on your behalf.	Yes (if durable)
Vehicle (DMV)	Using a Vehicle POA allows an Agent to buy and sell vehicles for you and to manage other ownership tasks such as registering titles with the Maine Bureau of Motor Vehicles and updating official documentation.	Yes (if durable)
Springing	A Springing POA allows an Agent to act for you when certain conditions or criteria occur. For example: the Power of Attorney may only become active if you are unconscious or are unavailable for a period of time.	Yes (if durable)
Minor (Child)	With a Minor POA, you can delegate your parental rights over a child to your Agent temporarily. This might be necessary if you are seriously ill, serving in the military, or have to travel for work purposes.	Yes (if durable)
Tax	With a Tax POA, your Agent may represent you and sign documents on your behalf at a local Maine Revenue Services office.	Yes (if durable)

How to Get a Power of Attorney in Maine

There are a few ways to get a Power of Attorney in Maine. This gives you 3 specific options to choose from:

Get it online: You can get a complete Maine Power of Attorney document using our online legal form maker. This will walk you step-by-step through the information you’ll need to add and help you make a legally compliant document.
Go to a lawyer: You can hire a lawyer to draw up a Power of Attorney form for you in Maine. However, this is often a more costly process and will often take longer to complete.
Get it from a government office: Pre-printed forms for Tax POAs can be obtained from Maine Revenue Services offices.

Maine Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Maine Power of Attorney document before successfully putting it into action.

To do this, you will need to meet the following criteria:

Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted (§5-902).
The completed form should be signed by both the Agent and Principal.
A notary public must also be present at the signing and must sign the document too. (§5-904.1)
In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located after signing.
A notary public must also be present at the signing and must sign the document too.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.

In 2009, Maine adopted the Universal Power of Attorney Act (UPOAA). Maine legislature (§ 5-905)allows you to use your Power of Attorney in other states that have also adopted the UPOAA. Make sure the wording on your document also follows the guidelines of the act. Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Maine. They should also be someone that the Principal has full confidence in.

Maine Power of Attorney Sample

Looking over a completed Maine POA sample is a good place to start when you’re planning to create your own document. Use our template example below to understand the information that goes into this form and to learn more about what your document can do.

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FAQs About Maine Power of Attorney Forms

It is important to have a good understanding of how Maine Power of Attorney forms work before filling in your own. Read through our FAQs below to get a better idea of the key information needed, as well as any other special considerations.

Where can I get a power of attorney in Maine?

It is possible to create your own Maine Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA at your local Maine Revenue Service Office or can pay to have a legal expert draft and complete your document.

Who should be your maine POA agent?

When choosing the right Agent for your Maine POA, it is essential to pick a person (or people) that you trust implicitly.

By granting Power of Attorney to someone, you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know that will take the actions that serve these interests best.

What is the difference between a beneral and a durable power of attorney?

The big difference between a General Power of Attorney and a Durable Power of Attorney is when the powers can and cannot be used. When you create your Maine Power of Attorney as a General POA, its powers can only be used by the agent until they are withdrawn, or the Principal becomes incapacitated.

Durable POAs on the other hand can continue to be used after the Principal is incapacitated. This makes them much better documents for estate planning in later life or to provide for medical necessities.

You are only a few steps away from your own Maine Power of Attorney!

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Preview of your Maine Power of Attorney

MAINE POWER OF ATTORNEY

IMPORTANT INFORMATION

Notice to the Principal: As the "Principal" you are using this power of attorney to grant power to another person (called the Agent) to make decisions about your property and to use your property on your behalf. Under this power of attorney, you give your Agent broad and sweeping powers to sell or otherwise dispose of your property without notice to you. Under this document, your Agent will continue to have these powers after you become incapacitated. The powers that you give your Agent are explained more fully in the Maine Uniform Power of Attorney Act, Maine Revised Statutes, Title 18-C, Article 5, Part 9. You have the right to revoke this power of attorney at any time as long as you are not incapacitated. If there is anything about this power of attorney that you do not understand, you should ask an attorney to explain it to you.

Notice to the Agent: As the "Agent" you are given power under this power of attorney to make decisions about the property belonging to the Principal and to dispose of the Principal's property on the Principal's behalf in accordance with the terms of this power of attorney. This power of attorney is valid only if the Principal is of sound mind when the Principal signs it. When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the Principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. The duties are more fully explained in the Maine Uniform Power of Attorney Act, Maine Revised Statutes, Title 18-C, Article 5, Part 9 and Title 18-B, sections 802 to 807 and Title 18-B, chapter 9. As the Agent, you are generally not entitled to use the Principal's property for your own benefit or to make gifts to yourself or others, unless the power of attorney gives you such authority. If you violate your duty under this power of attorney, you may be liable for damages and may be subject to criminal prosecution. You must stop acting on behalf of the Principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events of termination are more fully explained in the Maine Uniform Power of Attorney Act and include, but are not limited to, revocation of your authority or of the power of attorney by the Principal, the death of the Principal, or the commencement of divorce proceedings between you and the Principal. If there is anything about this power of attorney or your duties under it that you do not understand, you should ask an attorney to explain it to you.

DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________

DURABLE POWER OF ATTORNEY

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act in sections 5-934 to 5-947:

- Real property as defined in §5-934.

- Tangible personal property as defined in §5-935.

- Stocks and bonds as defined in §5-936.

- Commodities and options as defined in §5-937.

- Banks and other financial institutions as defined in §5-938.

- Operation of entity or business as defined in §5-939.

- Insurance and annuities as defined in §5-9340.

- Estates, Trusts, and Other Beneficial Interests as defined in §5-941.

-Claims and Litigation as defined in §5-942.

- Personal and Family Maintenance as defined in §5-943.

- Benefits from governmental programs or civil or military service as defined in §5-944.

- Retirement plans as defined in §5-945.

- Taxes as defined in §5-946.

- Gifts as defined in §5-947.

LIMITATION ON CREATING INTEREST IN THE PRINCIPAL'S PROPERTY

Notwithstanding a grant of authority to do an act described in subsection 1, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, registered domestic partner or descendant of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS

My Agent is entitled to reasonable compensation for services rendered as my Agent.

My Agent will be entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.

EFFECTIVE DATE

This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.

This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURES

Dated ____________________, _____, at _________, Maine.


___________________________________	_______________
_________	Date

Address: _________
Telephone Number: _________
Email Address: _________

___________________________________	_______________
_________	Date

NOTARY ACKNOWLEDGMENT

State of Maine
_________ County

This document was acknowledged before me on	_______________.
	(date)

by ___________________________________
_________

___________________________________
(Seal, if any)

Signature of Notary: __________________________________

My commission expires: _______________________________

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and otherwise act as a fiduciary under the standards of care applicable to trustees as described under Title 18-B, sections 802 to 807 and Title 18-B, chapter 9;

(2) Act in good faith;

(3) Act only within the scope of authority granted in the power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest, including:

- The value and nature of the principal's property;
- The principal's foreseeable obligations and need for maintenance;
- Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and
- Eligibility for a benefit, a program, or assistance under a statute, rule, or regulation.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns and the power of attorney does not provide for another agent to act under the power of attorney;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) Upon the sooner to occur of either:

- The marriage of the principal to a person other than the agent if upon or after execution of the power of attorney the principal and the agent are or became registered domestic partners, the filing with the domestic partner registry, in accordance with Title 22, section 2710, subsection 4, of a notice consenting to the termination of a registered domestic partnership of the principal and the agent; or
- Upon service, in accordance with Title 22, section 2710, subsection 4, of a notice of intent to terminate the registered domestic partnership of the principal and the agent.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.