Updated May 20, 2024
A Maine springing power of attorney is a document used to give a person (an agent) the legal authority to make important decisions for another individual (the principal). A power of attorney is said to be “springing” when it becomes effective only at a future date or when a future event happens.
Permitted in Maine?
Signing Requirements
A power of attorney must be signed by the principal (or by another individual at the principal’s direction). Both the principal’s signature and the power of attorney itself must be acknowledged before a notary public or someone authorized by law to take acknowledgments.[2]
“Incapacity” Definition
“Incapacity” means inability of an individual to effectively manage property or business affairs because the individual:[3]
A. Is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other cause to the extent that the individual lacks sufficient understanding, capacity or ability to receive and evaluate information or make or communicate decisions regarding the individual’s property or business affairs; or
B. Is:
- Missing;
- Detained, including incarcerated in a penal system; or
- Outside the United States and unable to return.