how long is a power of attorney good for in maine

Is there a durable power of attorney in Maine?

Learn more about Powers of Attorney in Maine, Figure out if a Power of Attorney is right for you, and; Learn how you can create a Power of Attorney; We have an article on Power of Attorney for a Child. This is a different process than for an adult. Maine Legal Services for the Elderly has a complete guide to Powers of Attorney in Maine. Even ...

Can a power of attorney be revoked in Maine?

The Maine Legislature recently passed a law, effective July 1, 2010, 14 M.R.S.A. §§5-901 to 5-964, to better define the powers and duties of the agent acting under a durable power of attorney. Under the new law, a power of attorney is presumed to be durable unless it states that it is terminated by incapacity.

Is a power of attorney a durable power?

If you are a Maine resident who is 60 or older and you want help making or revoking a Power of Attorney, call the Legal Services for the Elderly Helpline at 1-800-750-5353 to talk to an attorney for free and confidential help. Maine Office of Aging & Disability Services, Department of Health and Human Services.

What are the powers of a power of attorney?

This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. The duties are more fully explained in the Maine Uniform Power of Attorney Act, Maine Revised Statutes, Title 18-A, Article 5, Part 9 and Title 18-B, sections 802 to 807 and Title 18-B, chapter 9.

What is a Power of Attorney?

A Power of Attorney is a legal document. It gives a person, usually a trusted friend or family member, the power to act for you, or make certain kinds of decisions for you.

Where can I learn more?

Pine Tree Legal Assistance does not work in this area of law. Here are some resources where you can:

What is the Maine Power of Attorney Act?

The Maine power of attorney act contains an important new feature with respect to the obligation of third parties to accept and act upon a power of attorney. This addresses a problem which often arose under the old law by which a financial institution or other third party refused to accept the authority of the agent to act for the principal. ...

When does a power of attorney become effective?

Where powers of attorney become effective upon incapacity or disability, if the principal has not stated otherwise, the power of attorney becomes effective when a physician, attorney, judge or other governmental official states in writing that the principal is incapacitated. This is a substantial change in the law.

Why is a durable power of attorney important?

A durable power of attorney can avoid the cost and complexity of guardianship and conservatorship proceedings, as the agent can act generally without the need for court appointment and supervision. There are dangers in granting unlimited durable powers of attorney because the agent may act in his or her own self-interest, ...

What is the new Maine durable power?

The new law allows the drafter to pick and choose the powers granted and may include all powers or only limited powers. The explicit statutory statement of powers will make it easier for a third party to be sure that the agent is authorized to engage in a particular transaction. Anyone who wants to take advantage of Maine’s new durable power ...

Why are there dangers in granting unlimited powers of attorney?

There are dangers in granting unlimited durable powers of attorney because the agent may act in his or her own self-interest, and not consider the welfare or wishes of the principal. For example, with unlimited power, the agent could convert the principal’s property to the agent’s own use or treat the principal’s property and finances in a way ...

What happens when a power of attorney is terminated?

The new law also states when a power of attorney terminates. For example, the filing of an action for annulment, legal separation or divorce will terminate the authority of a spouse designated as the agent under a power of attorney. Marriage or entry into a domestic partnership will also potentially terminate the authority of the agent.

What is a power of attorney?

A power of attorney is a document in which one person, the “principal”, appoints another person, the “agent”, to act on his or her behalf, conferring authority on the agent to perform certain acts or functions on behalf of the principal. A power of attorney is “durable” if it continues in effect even if ...

What is a power of attorney?

1. Signed by principal; acknowledged. A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges ...

What happens if you violate your power of attorney?

If you violate your duty under this power of attorney, you may be liable for damages and may be subject to criminal prosecution. You must stop acting on behalf of the Principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney.

Is a durable power of attorney valid?

2. Notices for durable power of attorney. A durable power of attorney under this Part is not valid unless it contains the following notices substantially in the following form:

Is a power of attorney signature genuine?

A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

What is a Durable Power of Attorney?

All states have adopted a “durability” statute that allows principals to include in their powers of attorney a simple declaration that no power granted by the principal in this document will become invalid upon the subsequent mental incapacity of the principal. The result is a “durable power of attorney”–a document that continues to be valid until a stated termination date or event occurs, or the principal dies.

Why is a durable power of attorney important?

In fact, one reason that a comprehensive durable power of attorney is essential in elder law is that a Judge may not be willing to authorize a conservator to protect assets for others while enhancing the ward/protected person’s eligibility for public benefits. However, that may have been the wish of the incapacitated person and one that would remain unfulfilled if a power of attorney were not in place.

What is an agent under a power of attorney?

The agent under a power of attorney can be called an “attorney-in-fact” or sometimes “attorney.” Confusion over these terms has encouraged the terminology to change. Recent state statutes tend to use the label “agent” for the person receiving power by the document.

Can a person with no power of attorney be appointed as guardian?

Someone who does not have a comprehensive power of attorney at the time they become incapacitated would have no alternative than to have someone else petition the court to appoint a guardian or conservator. The court will choose who is appointed to manage the financial and/or health affairs of the incapacitated person, and the court will continue to monitor the situation as long as the incapacitated person is alive. While not only a costly process, another detriment is the fact that the incapacitated person has no input on who will be appointed to serve.

Can a power of attorney be written down?

Once written down, this document is excellent evidence of their intent and is difficult to dispute.

What does it mean to have a durable POA?

When you create a durable POA, it means the individual you named, known as the agent, has authority to act even when you are debilitated or are found to be unfit. When you devise a power of attorney for the purpose of estate planning, think about making it durable. This restricts the potential that your agent is going to have to go to court to institute a conservatorship over your affairs when your health worsens down the road.

What does it mean to give a power of attorney to a family member?

Giving a trusted family member, trustworthy friend, or professional association power of attorney means you enable that individual or association to conduct business on your behalf. You can give this right for a limited time, or you could devise durable legal documentation intended to last until you pass away.

Why do people need a POA?

One of the most typical reasons is in the situation of estate planning, so someone other than you has the authority to manage things on your behalf without going to court if you become debilitated or are found to be unfit.

Can you define an expiration date on a power of attorney?

You can define an expiration date on your power of attorney. Think about choosing this option when devising one for a specific purpose. For instance, when you require someone to manage a real estate closing for you if you are going to be unavailable, you could devise a limited POA for that objective, meaning it would conclude at the completion of the objective. Under this circumstance, you can also define an ending date a little after the closing date.

Can you make a POA for a specific purpose?

Conversely, when you want to make a POA for a specific purpose unassociated to your own estate planning when you don’ t wish for your agent to have authority throughout periods of lifetime disability , you might want a power of attorney that isn’t durable. Unless the documentation is durable or has another definite expiration date, it concludes when you become debilitated.

Can you retract a POA?

Unless you don’t the mental capability to do so, you can retract a POA that you devised at any time. When you have changed your mind and want to retract a present one, verify with your state’s laws to establish the correct procedure to do so.

Can you have a POA if your agent passes away?

Lastly, you don’t have a valid POA if the person you designated as your agent passes away, becomes debilitated, or is otherwise incapable or is reluctant to act on your behalf. This is why it is beneficial to name one or more successors that are willing to serve.

How long does a power of attorney last?

A Power of Attorney can be written to last either for a limited period of time or indefinitely. Your Power of Attorney ends when you die. It is not a substitute (7) …

How long is an ordinary power of attorney valid?

An Ordinary Power of Attorney is valid as long as the principal is competent (meaning they are capable of making their own decisions and are not incapacitated).What is a Power of Attorney?What is a “principal” in a Power of Attorney? (13) …

Why do we need a power of attorney?

Having a power of attorney ensures that you select who will act for you when you are is elderly or if they face a serious, more long-term health crisis. (9) …

When do powers of attorney end?

Jul 11, 2018 — Regular powers of attorney all terminate if the principal dies or becomes incapacitated — meaning that the agent can legally engage in business (4) …

When do Durable Powers of Attorney go into effect?

Durable powers of attorney can be prepared either to take effect immediately or to go into effect only if and when you become unable to make decisions for (25) …

What does agent mean in power of attorney?

For purposes of this article: (1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, (19) …

Is a power of attorney valid for a lifetime?

A power of attorney may or may not be valid for your entire lifetime because it may have an end date. It usually depends on your wishes and how you draft (1) …

What is a durable financial power of attorney?

A durable financial power of attorney is a durable power of attorney by which a principal designates another as attorney-in-fact to make decisions on the principal’s behalf in matters concerning the principal’s finances, property or both.

What is the Maine Revised Statutes?

The duty is explained more fully in the Maine Revised Statutes, Title 18-A, sections 5-501 to 5-508 and Title 18-B, sections 802 to 807 and Chapter 9, and in Maine case law. As the Agent, you are not entitled to use the money or property for your own benefit or to make gifts to yourself or others unless the Durable Power ...

What happens if you violate your fiduciary duty under a durable power of attorney?

If you violate your fiduciary duty under this Durable Power of Attorney, you may be liable for damages and may be subject to criminal prosecution. If there is anything about this Durable Power of Attorney or your duties under it that you do not understand, you should ask a lawyer to explain it to you.”. A power of attorney that contains ...

Can you take back a Power of Attorney in Maine?

You have the right to revoke or take back this Durable Power of Attorney at any time as long as you are of sound mind.

Can a durable power of attorney be signed electronically?

Signatures on a durable power of attorney must be made in person and not by electronic means.

Does a power of attorney create a power of attorney for health care?

A power of attorney that contains a grant of general authority does not create a power of attorney for health care unless the power of attorney explicitly authorizes the attorney-in-fact to make health care decisions.

Can an attorney in fact make a gift?

An attorney-in-fact is not authorized to make gifts to the attorney-in-fact or to others unless the durable financial power of attorney explicitly authorizes such gifts. A durable financial power of attorney must be notarized by a notary public or an attorney at law.