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Once a form has been selected, the executor will need to fill it in with the requested data and sign it as instructed by law. After completion, the individual who was granted the authority, known as the “Agent” or “Attorney-in-Fact”, will have the ability to function on the principal’s behalf in regard to the tasks they were delegated.
Laws
Statutes – Title 18-C, Article 5, Part 9: Maine Uniform Power of Attorney Act (§ 5-901 – § 5-963)
Definition – “Power of attorney” 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 (§ 5-902(7)).
Signing Requirements – Acknowledgment of Notary Public (§ 5-905(1))
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – The official form used to clarify your wishes regarding healthcare at the time of incapacity.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 5-803(2))
Durable (Financial) Power of Attorney – The go-to document for those who would like to grant another individual access to certain financial elements of their life. “Durable” is the legal vernacular used to express the instrument’s ability to remain active past the point of the principal’s incapacity.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 5-905(1))
General (Financial) Power of Attorney – Gives another individual the right to act in the place of the principal for assignments related to the granting party’s finances, property, debts, etc. This document will no longer be valid if the principal loses their cognitive ability.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 5-905(1))
Limited (Special) Power of Attorney – A written instrument that can be adapted to the needs of its executor by allowing them to insert their own description of the powers that they wish to convey.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 5-905(1))
Minor Child Power of Attorney – Parents/Guardians of a child may use this form to temporarily grant an agent the ability to act in their place regarding certain elements of the minor’s life (education, healthcare, dental treatment, etc.)
Download: PDF
Signing Requirements: Acknowledgment of Notary Public (§ 5-905(1))
Motor Vehicle Power of Attorney – Authorizes a third-party individual to accomplish vehicle-related transactions in the name of the automobile’s owner or purchaser.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 5-905(1))
Real Estate Power of Attorney – Conveys powers related to real property, allowing individuals to appoint a representative to handle certain affairs on their behalf.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 5-905(1))
Revocation of Power of Attorney – Individuals who are involved in an existing POA may terminate the document at any time by fulfilling the obligations of this written instrument.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Tax Power of Attorney – Delegates tax powers to an attorney-in-fact so that they may efficiently manage such affairs on the principal’s behalf.
Download: PDF
Signing Requirements: Necessitates the signatures of the taxpayer(s) and their representative(s).
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