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Maine Power of Attorney Forms

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Maine Power of Attorney is a type of form that allows someone to grant special authority to another individual to act on their behalf. There are different types of forms. Some forms are drafted for specific purposes while others can be for a broad range of authorities. It is extremely important that the person you choose to confer authority upon is trustworthy and reliable. This person, or agent, will, upon principal approval, have access to your financial affairs or other personal matters.  All forms should comply with Title 18-A, Article 5 of the Maine Revised Statutes.

Types

Advance Health Care Directive – This form allows a person to appoint a friend or relative to act for them with regard to health care decisions in the event they are unable to do so for themselves.

Durable Power of Attorney – This document allows the person creating the form to appoint an individual to make financial decisions on his or her behalf. The authority lasts through the incapacity of the principal unless it is revoked prior to such incapacity.

General Power of Attorney – This form is similar to the durable type, except that it becomes void upon the principal’s incapacity. It allows a principal to appoint a trusted agent to manage financial matters for the benefit of the principal.

Limited Power of Attorney – This type of document can be tailored to a limited or specific situation or transaction.

Minor Child Power of Attorney – This type of document allows parents to choose someone to be in charge of their children for a temporary period of time and make health and educational decisions for them.

Power of Attorney Revocation – This form is used when you want to revoke a power of attorney. It can be used for any type of power of attorney you created in the past.

Real Estate Power of Attorney – To choose someone to handle a property transaction or the management for a specific amount of time or until the landlord’s death or incapacity.

Tax Power of Attorney Form ME-2848 – This type is used when you want to appoint an accountant or tax attorney to handle your tax matters.

Vehicle Power of Attorney – This form allows the principal to appoint a person to act for them with the Bureau of Motor Vehicles.

How to Write

1 – Open the Maine Authority Delegation Form

The form accessible through the buttons (under the preview pic) will each lead to the necessary Power Designation form for the task at hand. Open then download this form.

2 – Input The Requested Information To Delegate A Principal’s Authority To The Agent

Some essential language will need to be present at the start of this form. This language will need specific information regarding the who is appointing whom with Principal Powers. This process of identification begins with the Full Legal Name of the Granting Principal entered on the first blank line. Continue this Identity Report by entering the City or County where the Grantor lives on the second blank line Next, enter the State where the Grantor lives on the third blank line. Now, it will be time to document the Identity of the Principal’s Agent. Enter the legal First Name, Middle Name, and Last Name of the individual who will be granted the ability, through Principal Approval here, to wield Principal Authority on the space following the word “designate.”Follow through on the Principal Agent’s report by entering the City or County where this party lives on the blank space between the words “of” and “State.”   To complete the Principal Agent report, enter the State where he or she lives on the last blank line in this initial paragraph.

3 – Declare The Durability Of The Agent’s Granted Principal Powers

The durability of the Principal Powers will need to be defined to round out the issuance of this Authority. If the Principal (or Grantor) intends for the Authority granted here to remain effective even in the case of his or her incapacitation, he or she will need to initial Choice A in the “Effective Date” section. If these Powers must terminate should the Grantor be incapacitated, the Principal will need to initial Choice B.

4 – Principal Review Of Each Power Is Required To Satisfy This Authority Delegation

The next section will contain a list of subject matters that are common areas where the Principal will need his or her Authority to make decisions and take actions. The Granting Principal will need to go through this list first-hand and personally initial each subject where the Agent is approved to wield Principal Power. Only the statements concerning subjects the Principal has initialed will be considered areas where the Agent may make decisions and take actions in the Principal’s Name.

The first statement, “Banking,” gives a definition of how the Agent may use the granted Powers of the Principal in Financial Institutions. If this statement is initialed, by the Principal, the Agent will be empowered to behave in the defined manner on behalf of the Principal. If the Grantor initials the second statement, he or she will appoint the Agent with the Principal Authority to access the Principal’s Safe Deposit Boxes at will. If this power should not be in the Agent’s abilities the Principal should leave this statement unaltered. The third paragraph will discuss the subjects of “Lending or Borrowing.” The wording of this statement will grant the Agent the Principal Authority to borrow, lend, and act in the manner defined regarding such practices in the name of the Principal if it is initialed by the Principal. In the next Subject of Power, “Government Benefits,” the Principal’s initials will grant the Agent approval to act with Principal Authority in his or her Government Plans. This may be withdrawn from the granted Powers, if the Principal does not initial this statement.  The fifth statement, “Retirement Plan,” gives the structure required to grant the Agent with Authority regarding the Principal’s Retirement Plans. The Principal may either initial this statement to approve the use of such Power by the Agent or leave it unmarked to withhold this PowerThe next paragraph will cover the subject of the Principal’s “Taxes.” The Principal may choose to grant the Agent with the required Approval and Authority to act in his or her Name in these matters but only by initialing the blank line corresponding to this statement. The Principal’s “Insurance” policies, plans, and claims may be acted on by the Agent when the Principal initials this statement. To withhold such an ability from the Agent, the seventh statement should not be initialed. If the Principal initials the “Real Estate” statement, the Agent will have the Principal Power to deal in Real Estate. If not, the Principal will not be able to perform any of the actions defined on behalf of the Principal. The Agent will have the Principal Authority to perform the variety of actions defined in the ninth paragraph with the Granting Principal’s “Personal Property” matters if the Principal initials the paragraph titled “Personal Property.” If the Principal initials the tenth subject, the Agent will be gain the Power to Manage the Principal’s Property. If this statement goes unmarked, such Powers will not be included with this delegation of Power. If the Agent should be given the Principal Authority to make Gifts, Grants, or Transfers in the Name of the Principal, the “Gifts” paragraph will need to be initialed by the Principal. The Principal Power to obtain, pay, initiate, defend, act, and decide upon matters such as “Legal Advice and Proceedings” will be granted to the Agent, once the Principal initials the twelfth subject matter. Finally, in the “Special Instructions” area, the Principal may deliver instructions regarding the Powers granted. This may or may not include such aspects as additions to powers, restrictions, provisions, or circumstances that should be applied to the Powers granted through this paperwork. There will be several blank lines provided for this purpose, however, if more room is required to adequately report the Principal’s wishes, you may attach a separate document to this end. If there are no additional or Special Instructions, then enter the word “None”

5 – The Witnessed Notarized Principal Signature Must Be Supplied To Execute This Paperwork

In the statement beginning with the words “In Witness Whereof,” enter the Date of Signature. This will be the date the Principal signs this document and three blank spaces will be provided. Enter the Day on the first blank space, the Month on the second blank space, and the Year on the third blank space. The Principal must sign the “Principal’s Signature” line on the same day as the Signature Date. The next page will begin with a Testimonial to the Principal act of signing. Two Witnesses must read this statement, then sign their names on the “Witness Signature” line. Below each Witness Signature line, the Signature Witness must provide his or her Address.

The paragraph corresponding to the “Notary Public” signature line may only be satisfied by the Notary Public witnessing this delegation of Power through the execution of this form.The last page of this document, “Specimen Signature and Acceptance of Appointment,” has been provided so the Attorney-in-Fact or Principal Agent may attest to his or her Acceptance of the Power (and responsibilities) the Principal is designating the Agent. The Agent must print his or her name in on the blank line in this paragraph, then sign his or her name on the blank line labeled “Attorney-in-Fact’s Signature.”The Agent’s acceptance of this Delegation will be Notarized in the section directly below his or her signature.


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