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Maine Durable (Financial) Power of Attorney Form

A Maine durable power of attorney is a document that allows a person ("principal") to grant authority to someone else ("agent") and act on their behalf for various financial purposes. The term "durable" refers to the form's ability to remain legal and, in effect, if the principal should become incapacitated.
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Updated July 16, 2024

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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.[1][2]

Laws

Definition of “Durable”

“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.[3]

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.[4]

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]

Sources

  1. § 5-905(1)
  2. § 5-951
  3. §5-902(2)
  4. §5-902(7)
  5. § 5-904