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.
Last Update May 18th, 2023
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- 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
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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.
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.