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Maine Power of Attorney document preview

What is a Maine Power of Attorney?

A Maine Power of Attorney (PoA) is a legal document that grants a person or entity permission to manage your legal and financial affairs, such as accessing accounts, signing contracts, and selling real estate. 
 
The person granting control is known as the "principal," while the person or entity obtaining powers is known as the "agent." Designed for residents of Maine, our Power of Attorney can be used in Penobscot County, Cumberland County, York County, and in every other county in the state. All Maine PoA forms from Rocket Lawyer can be edited to address your unique situation. Making this essential document provides proof to financial institutions and other parties that your chosen representative can sign documents or take other actions for you when you are not present or able.

When to use a Maine Power of Attorney:

  • You wish to give someone broad authorization to act for you if you are absent or incapable.
  • You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
  • You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.

Sample Maine Power of Attorney

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Notice to the Principal

 

As the "Principal" you are using this power of attorney to grant power to another person (called the Agent) to make decisions about your property and to use your property on your behalf. Under this power of attorney you give your Agent broad and sweeping powers to sell or otherwise dispose of your property without notice to you. Under this document your Agent will continue to have these powers after you become incapacitated. The powers that you give your Agent are explained more fully in the Maine Uniform Power of Attorney Act, Maine Revised Statutes, Title 18-C, Article 5, Part 9. You have the right to revoke this power of attorney at any time as long as you are not incapacitated. If there is anything about this power of attorney that you do not understand you should ask a lawyer to explain it to you.

 

I, , residing at , , , hereby appoint Each Agent may act independently, without the consent of the other Agent. The Agents must act jointly, with the consent of the other Agent.

 

or if we become legally separated or divorced, If either Agent is unable to serve for any reason, the other Agent shall serve alone. If either Agent is unable to serve for any reason, I appoint , of , , , as my Successor Agent to serve alone. If either Agent is unable to serve for any reason or if we become legally separated or divorced, I appoint , of , , as my Successor Agent to serve alone. If both Agents are unable to serve (either together or independently) I appoint , , , to act as my Alternate Successor Agent to serve alone.

I hereby revoke any and all general powers of attorney that previously have been signed by me. I hereby revoke any and all special powers of attorney that previously have been signed by me. I hereby revoke any and all general powers of attorney and special powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my health care that previously have been signed by me.

.

insurance or annuity accounts

retirement accounts

payable on death savings accounts

payable on death checking accounts

 

 

 

  . Provide for the support and protection of myself, my spouse, or of any minor child I have a duty to support or have established a pattern of prior support, including, without limitation, provision for food, lodging, housing, medical services, recreation and travel;

 

. Maintain and/or operate any business that I may own.

 

. Employ professional and business assistance as may be appropriate, including attorneys, accountants, and real estate Agents.

 

my homestead as described in the attached Exhibit. any homestead that I now own or may own in the future. my homestead legally described as:

 

 

If the Agent is my spouse, then I also hereby appoint , of , as my substitute Agent solely for the purpose of releasing any dower, homestead or other inchoate interest or other property rights (of whatever nature), which under local law may not be released by my spouse.

. Make gifts from my assets to members of my family and to such other persons or charitable organizations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), to file state and federal gift tax returns, and to file a tax election to split gifts with my spouse, if any. No Agent acting under this instrument, except as specifically authorized in this instrument, shall have the power or authority to (a) gift, appoint, assign or designate any of my assets, interests or rights, directly or indirectly, to such Agent, such Agent's estate, such Agent's creditors, or the creditors of such Agent's estate, (b) exercise any powers of appointment I may hold in favor of such Agent, such Agent's estate, such Agent's creditors, or the creditors of such Agent's estate, or (c) use any of my assets to discharge any of such Agent's legal obligations, including any obligations of support which such Agent may owe to others, excluding those whom I am legally obligated to support.

. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer.

 

. To utilize my assets to fund a trust not created by me, but to which I have either established a pattern of funding, or to fund a trust created by my Agent for my benefit or the benefit of my dependents, heirs or devisees upon the advice of a financial adviser.

 

. To create, sign, modify or revoke any trust agreements or other trust documents in an attempt to manage or create a trust that was created for my benefit or the benefit of my dependants, heirs or devisees. This shall include the creation, modification or revocation of any inter vivos, family living, irrevocable or revocable trusts.

 

. To exercise fiduciary responsibilities that I have a right to delegate.

 

. Subject to other provisions of this document, my Agent may disclaim any interest, which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Agent may not disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Agent or my Agent's estate.

 

. Have access to my healthcare and medical records and statements regarding billing, insurance and payments.

 

. Act on my behalf for the purposes of managing, distributing, and terminating my digital assets. For the purposes of this Power of Attorney, digital assets shall mean electronic assets that are stored on my computers, electronic devices, or on any online account, as identified in Schedule A of this Power of Attorney. Online accounts include, but are not limited to, social-networking sites, online backup services, servers, email accounts, photo and document sharing sites, financial and business accounts, domain names, virtual property, websites, and blogs. An instructional document, titled, Letter of Instructions with associated websites, usernames, passwords, and related information, is hereby incorporated by reference into this Will and shall be distributed to my Agent designated in this Power of Attorney. My Agent shall have the power and authority to manage, conduct, and to exercise all of my legal rights and powers relating to my digital assets, including all rights and powers that I may acquire in the future. My Agents powers shall include, but not be limited to, the power to access, download, and backup digital assets, convert my file formats, access any and all devices necessary to manage digital assets, and clear computer caches and delete files.

 

. Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions. This power shall include the authority to conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation, or political entity.

 

. Open, maintain or close the following specific accounts. This power shall include the authority to conduct any transaction for these accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation, or political entity.

 

 

Perform any act necessary to deposit, negotiate, sell, or transfer any note, bond, security, or draft of the United States of America, including U.S. Treasury Securities.

 

Institute, supervise, prosecute, defend, intervene in, abandon, compromise, arbitrate, settle, dismiss, and appeal from any and all legal, equitable, judicial or administrative hearings, actions, suits, proceedings, attachments, arrests or distresses, involving me in any way.

 

 

 

. . . Sell or convey any interest of mine in real estate (whether currently owned or later acquired). Sell or convey any interest of mine in real estate located at Sell or convey any interest of mine in real estate located at

The total sale price must be at least .

 

If the Agent is my spouse, then I also hereby appoint of , , as my substitute Agent solely for the purpose of releasing any dower, homestead or other inchoate interest or other property rights (of whatever nature), which under local law may not be released by my spouse.

 

. . . Mortgage or encumber any interest of mine in real estate (whether currently owned or later acquired). Mortgage or encumber any interest of mine in real estate located at: Mortgage or encumber any interest of mine in real estate located at:

 

If the Agent is my spouse, then I also hereby appoint of , , as my substitute Agent solely for the purpose of releasing any dower, homestead or other inchoate interest or other property rights (of whatever nature), which under local law may not be released by my spouse.

 

. . . Manage, insure, improve, repair, collect rents, execute leases, or take any other action that a landlord might take, with respect to any interest of mine in real estate (whether currently owned or later acquired). Manage, insure, improve, repair, collect rents, execute leases, or take any other action that a landlord might take, with respect to any interest of mine in real estate located at: Manage, insure, improve, repair, collect rents, execute leases, or take any other action that a landlord might take, with respect to any interest of mine in real estate located at:  .  .  . Sell or convey any personal property that I might own now or in the future, tangible or intangible, on such terms and conditions as my Agent deems appropriate. Sell or convey .

 

This power shall include the power to (i) sign contracts of sale and documents to transfer title (including bills of sale), and (ii) accept a security interest for any unpaid portion of the purchase price.

 

 

This power shall include the power to (i) obtain credit upon such terms as my Agent may deem appropriate, subject to the limitations (if any) stated above, (ii) sign any documents (including notes, credit agreements, security agreements, and financing statements), and (iii) take any other action that may be required to complete the above transactions.

 

 

, , .

 

This power shall include the power to: (i) make and carry out decisions regarding sales, purchases, employees, loans, and equipment, and (ii) take any action needed (at the discretion of my Agent) to operate the business.

 

This power shall be limited to the power to make decisions in the ordinary course of business, including, but not limited to, decisions regarding sales, purchases, employees, and equipment.

 

. Prepare, sign, and file documents with any governmental body or agency. Prepare, sign, and file documents with any governmental body or agency. Prepare, sign, and file documents with any governmental body or agency

. Prepare, sign, and file income, gift and other tax returns of all kinds with federal, state, local, and other governmental bodies, and any Power of Attorney form appointing an Agent required by the Internal Revenue Service and/or any state or local taxing authority.

 

. Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.

 

. Prepare applications, provide information, and perform any other act reasonably requested by any government or its agencies in connection with governmental benefits (including medical, military and social security benefits), and to appoint anyone, including my Agent, to act as my "Representative Payee" for the purpose of receiving Social Security benefits.

. Act on my behalf with respect to the following matters: . Act on my behalf with respect to the following matters: . Act on my behalf with respect to the following matters:

-Exercise all stock rights on my behalf as my proxy, including all rights with respect to stocks, bonds, debentures, commodities, options or other investments.

-Enter into binding contracts on my behalf.

-Purchase, maintain, surrender, collect, or cancel (a) life insurance or annuities of any kind on my life or on the life of anyone in whom I have an insurable interest, (b) liability insurance protecting me and my estate against third party claims, (c) hospital insurance, medical insurance, Medicare supplement insurance, custodial care insurance, and disability income insurance for me or any of my dependents, and (d) casualty insurance insuring assets of mine against loss or damage due to fire, theft, or other commonly insured risk; to pay all insurance premiums, to select any options under such policies, to increase coverage under any such policy, to borrow against any such policy, to pursue all insurance claims on my behalf, to adjust insurance losses, and the foregoing powers shall apply to private and public plans, including but not limited to Medicare, Medicaid, SSI and Worker's Compensation; to designat and change beneficiaries of insurance policies insuring my life and beneficiaries under any annuity contract in which I have an interest; to decrease coverage under or cancel any of these policies described above; to receive and make such disposition of the cash value on termination of any such policy as my Agent deems appropriate. However, my Agent shall have no power or authority whatsoever with respect to any interest in or incidents of ownership in any policy of insurance I may own on the life of my Agent.

-Create and contribute to an employee benefit plan, including a plan for a self-employed individual, for my benefit; to elect retirement on my behalf; to select any payment option under any IRA or employee benefit plan in which I am a participant, including plans for self-employed individuals, or to change options I have selected; to make voluntary contributions to such plans; to make "roll-overs" of plan benefits into other retirement plans; to apply for and receive payments and benefits; to waive rights given to nonemployee spouses under state or federal law; to borrow money or purchase assets from such plans, if authorized by such plans; to make revocable and irrevocable beneficiary designations and to change revocable beneficiary designations; to consent and/or waive consent in connection with the designation of beneficiaries and the selection of joint and survivor annuities under any employee benefit plan.

-Employ professional and business advisors as may be appropriate, including attorneys, accountants, and real estate Agents.

-Add, delete or change beneficiaries to any financial accounts I own including insurance policies, annuities, retirement accounts, payable on death savings or checking account or other investments.

 

-Add, delete or change beneficiaries to

insurance or annuity accounts

retirement accounts

payable on death savings accounts

payable on death checking accounts

 

 

 

 

 

 

 

 

 

 

Act on my behalf for the purposes of managing, distributing, and terminating my digital assets. For the purposes of this Power of Attorney, digital assets shall mean electronic assets that are stored on my computers, electronic devices, or on any online account, as identified in Schedule A of this Power of Attorney. Online accounts include, but are not limited to, social-networking sites, online backup services, servers, email accounts, photo and document sharing sites, financial and business accounts, domain names, virtual property, websites, and blogs. An instructional document, titled, Letter of Instructions with associated websites, usernames, passwords, and related information, is hereby incorporated by reference into this Will and shall be distributed to my Agent designated in this Power of Attorney. My Agent shall have the power and authority to manage, conduct, and to exercise all of my legal rights and powers relating to my digital assets, including all rights and powers that I may acquire in the future. My Agents powers shall include, but not be limited to, the power to access, download, and backup digital assets, convert my file formats, access any and all devices necessary to manage digital assets, and clear computer caches and delete files.

 

My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney. A Successor Agent shall not be liable for acts of a prior Agent.

 

 

My Agent shall provide an accounting for all funds handled and all acts performed as my Agent as required under state law or upon my request or the request of any authorized personal representative, fiduciary or court of record acting on my behalf.

 

I hereby appoint

 

 

 

My Digital Agent shall not be entitled to any compensation, during my lifetime or upon my death, for any services provided as my Digital Agent. My Digital Agent shall be entitled to reasonable compensation for any services provided as my Digital Agent. My Digital Agent shall not be entitled to reimbursement of expenses incurred as a result of carrying out any provision of this Power of Attorney. My Digital Agent shall be entitled to reimbursement of all reasonable expenses incurred as a result of carrying out any provision of this Power of Attorney.

This Power of Attorney is granted in, and shall be governed by the laws of the state of Maine; however, I intend that this Power of Attorney be universally recognized and that it be universally admissible to recordation. In the event that I become a resident of another jurisdiction, or obtain property, including real property or any other property interest, in another jurisdiction, it remains my intention that the laws of Maine shall continue to govern this Power of Attorney.

 

This Power of Attorney shall become effective immediately. on . upon written certification by my physician that I am incapacitated or mentally incapable of managing my financial affairs, and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. immediately, and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. on , and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue effective until or until I lack sufficient mental competence to understand and handle my financial and personal affairs or until I lack sufficient mental competence to understand and handle my financial and personal affairs. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.

 

Dated ____________________, ______, at , .

 

 

 

__________________________________

 

STATE OF ,

COUNTY OF , ss:

 

This instrument was acknowledged before me on this _____ day of ____________________, ______ by .

 

 

_________________________________

 

 

, ,

 

Agent's Name Printed

,

Agent's Address

Agent's Telephone Number

Co-Digital Agent's Name Printed

,

Co-Digital Agent's Address

Co-Digital Agent's Telephone Number

 

..

Name of Digital Agent:

Address:

City:

State:

ZIP Code:

Phone Number:

 

Name of Digital Agent:

Address:

City:

State:

ZIP Code:

Phone Number:

 

Name of First Co-Digital Agent:

Address:

City:

State:

ZIP Code:

Phone Number:

 

Name of First Co-Digital Agent:

Address:

City:

State:

ZIP Code:

Phone Number:

 

Name of Second Co-Digital Agent:

Address:

City:

State:

ZIP Code:

Phone Number:

 

Name of Second Co-Digital Agent:

Address:

City:

State:

ZIP Code:

Phone Number:

 

General Special Durable

The Power of Attorney also must be signed in the presence of two witnesses if the power to handle Florida real estate transactions is granted.

The witnesses must be adults and cannot be the Agent, the Agent's spouse or children, or the notary public.

 

The Power of Attorney must be registered in the office of the register of deeds in order for it to be effective after the principal becomes incompetent. Until then, registration is unnecessary.

 

Maine Power of Attorney FAQs

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  • How do I get power of attorney in Maine?

    It is very simple to give or receive the authority you may need with a free Maine Power of Attorney template from Rocket Lawyer:

    1. Make your document - Provide a few general details and we will do the rest
    2. Send or share it - Discuss the document with your agent or seek legal advice
    3. Sign it - Mandatory or not, notarization and witnesses are recommended

    This solution is, in most cases, notably less time-consuming than hiring your average provider. If needed, you may fill out a PoA on behalf of your spouse or another relative, and then help them sign it once you've drafted it. Please note that for a PoA form to be accepted as valid, the principal must be an adult who is mentally competent at the time of signing. If the principal is already incapacitated and unable to make their own decisions, a court-appointed conservatorship might be required. When managing such a scenario, it is best to speak to a lawyer .

  • Who should have a Maine PoA?

    Every adult ought to have a Power of Attorney. Although it is tough to think about, there will likely come a time when you are no longer able to manage your affairs on your own. There will even be moments when you are merely unavailable. Here are some common occasions where power of attorney might be helpful:

    • You live in a residential care facility and want help managing financial affairs
    • You have plans to travel or move out of state
    • You wish to give someone the ability to manage specific legal or financial issues in your absence or if you are unwell
    • You are getting older or dealing with limited mobility

    Regardless of whether your Maine Power of Attorney has been generated as part of a forward-looking plan or made as a result of an emergency, notarization and/or witnesses are strongly encouraged as a best practice for protecting your document if anyone questions its credibility.

  • Which type of Power of Attorney do I need in Maine?

    Power of Attorney documents can be classified in multiple ways. They are mainly based on how long the powers will remain in effect, when they come into effect, and what they offer authority over. Frequently, you will find them described in four segments:

    • Special Power of Attorney - Will grant a limited scope of authority over specific affairs
    • General Power of Attorney - Will grant broad powers over your affairs
    • Springing Power of Attorney - Will come into effect based on certain criteria
    • Durable Power of Attorney - Will remain in effect even if you become incapacitated

    When making your free Maine Power of Attorney, you can elect to have the power start immediately, on a desired day, or only at the time when you are no longer capable. Your Power of Attorney can end either when you die or on a specific date.

  • Should I hire a lawyer to review my Maine PoA?

    Maine Power of Attorney forms are generally simple, but you or your agent may have legal questions. Depending on whom you reach out to, some attorneys will not even agree to review a document that they didn't write. A better approach worth consideration is to request help from attorney services at Rocket Lawyer. If you become a Premium member, you will be able to ask for advice from an Rocket Lawyer network attorney with relevant experience or ask other legal questions about your Power of Attorney. We are here for you.

  • What does it typically cost to get a Power of Attorney form in Maine?

    The fees associated with hiring and working with a lawyer to draft a Power of Attorney could range between two hundred and five hundred dollars, based on your location. Rocket Lawyer is not your average Power of Attorney template provider. With our service, anyone under a Rocket Lawyer Premium membership has access to up to a 40% discount when hiring an attorney from our Rocket Lawyer attorney network.

  • Would I need to do anything else once I have made a Maine Power of Attorney?

    Attached alongside each Power of Attorney form, there will be a checklist of suggested steps you can take to finalize the document. Feel free to try any or all of the following actions related to your document: editing it, downloading it as a PDF document or Word file, and signing it. Finally, you should provide a final copy of your fully signed document to your agent(s), financial institutions, and other impacted parties.

  • Does a Power of Attorney need to be notarized, witnessed, or recorded in Maine?

    The guidelines and restrictions will vary by state; however, in Maine, your document will require the signature of a notary. If your agent(s) will have the ability to engage in real estate transactions, the Power of Attorney must be signed by a notary public and recorded with the county.

    See Maine Power of Attorney law: Title 18-C, Article 5, Part 9

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