Signing Requirements
The principal is required to sign with a notary public present or a person authorized to take acknowledgments. The agent is required to sign the Agent’s Certification in front of a notary public if and when utilized — though the use of this form is optional. (§ 5-905(1), § 5-951).
Definition of “Durable”
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity (§5-902(2)).
Definition of “Power of Attorney”
“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)).
Statutory Form
There is no statutory form in Maine. However, power of attorney is recognized as being durable unless it “expressly provides that it is terminated by the incapacity of the principal.” (§ 5-904)