Types

Durable (Financial) Power of Attorney – For the purpose of extending the duration of a POA even to a circumstance wherein the principal is incapacitated, it is necessary to complete a POA of a durable nature.

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General (Financial) Power of Attorney – A principal has the right to decide whether their POA will continue in the event of their incapacitation. If they do not wish it to continue in such a case, they should use a general POA.

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Health Care Advance Directive – Making healthcare arrangements for a loved one when they are unwell in hospital can be incredibly stressful and challenging. Ensuring that loved ones have plainly stated their wishes for end-of-life care in an Advance Directive is thus invaluable.

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Limited (Special) Power of Attorney – Specific-purpose power of attorney arrangements are categorized as being of a limited nature, such as this form sets out.

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Minor Child Power of Attorney – In accordance with §5-104, a parent or guardian may use this form to delegate their powers regarding the “care, custody or property of the minor child or ward” only for a maximum period of twelve (12) months.

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Motor Vehicle (DMV) Power of Attorney – By presenting a completed version of this document to the DMV, motor vehicle owners may delegate their responsibilities regarding their motor vehicle to another party.

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Real Estate (Property) Power of Attorney – Staying on top of real estate affairs can be a challenge for many aspiring or existing homeowners. A Real Estate Power of Attorney allows people in this situation to take advantage of nominating an individual or entity to deal with such affairs for them.

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Revocation of Power of Attorney – The right a principal has to withdraw the powers they handed over to their agent can be exercised by completing the requirements of this form.

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State Tax Filing Power of Attorney (2848-ME) – Should an individual find themselves struggling with managing their taxes, they may want to consider using this form to elect a trained professional to organize and file them on their behalf.

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What is a Maine Power of Attorney?

A Maine Power of Attorney is a written legal instrument, which put into effect, grants permission to the party specified within the document to begin managing the affairs of the Principal in the set of circumstances listed therein. These circumstances may be dependent on such factors as a certain time period and the Principal’s state of health. It is the prerogative of the Principal to set these circumstances and the conditions of the POA. If guidance is required, it is best that the Principal consult a legal professional when drafting this document.

• Maine Power of Attorney Laws – (Title 18-A, Article 5, Part 9, “Maine Uniform Power of Attorney Act”)
• State Definition of Power of Attorney (§5-902(g)) – “means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.
• Signing Requirements
  • General/Durable Power of Attorney (§ 5-905) – The POA must be signed by the Principal before a Notary Pubic or other authorized individual.
  • Advance Directive / Medical Power of Attorney (§ 5-802(b)) – It is a requirement that the Principal as well as two (2) witnesses sign the form.

When is it Effective?

The validity of a Power of Attorney in the state of Maine is contingent on the specific signing requirements of each type of form.

Notary Public: In line with § 5-905, most types of POA become effective once the Principal has signed the POA and it is acknowledged before a Notary Public or an authorized individual. Specifically, the following forms carry this requirement:

• Durable POA,
• General POA,
• Limited POA,
• Minor Child POA,
• Real Estate POA, and
• Motor Vehicle POA

No requirements: There are no specific state-mandated signing requirements for a Power of Attorney Revocation. However, it is highly advisable that this form is acknowledged by a Notary Public and two (2) witnesses.

Two (2) witnesses: According to § 5-802(b), an Advance Directive / Medical Power of Attorney must be signed by the Principal in addition to two (2) witnesses.

Principal and Representative: Maine Revenue Services states that for a Tax Power of Attorney Form (ME-2848) to be valid, it must be signed by the Principal (the taxpayer), as well as the Representative.