who at the state of maine do i contact about durable power of attorney

Does a power of attorney need to be recorded in Maine?

A power of attorney must be notarized to be effective in Maine. As under prior law, powers of attorney in Maine must still contain specific language providing notice to the principal and notice to the agent warning both principal and agent of their obligations and liabilities under Maine law.

How do you get power of attorney in Maine?

What Are the Legal Requirements of a Financial POA in Maine?Mental Capacity for Creating a POA. ... Notarization Requirement. ... Mandatory Notices. ... Create the POA Using Software or an Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact.More items...

How do I verify a power of attorney?

Verify the Authenticity of the Power of Attorney The presence of a notary's stamp and signature is usually enough evidence that the power is a legitimate document. If you're concerned, run an internet search for the notary and ask him or her to verify that the stamp on the document is the notary's official seal.

What is a durable power of attorney?

Durable Power of Attorney:A Power of Attorney which specifically says otherwise, agent's power ends if principal become mentally incapacitated. However, a power of attorney may say that it is to remain in effect in the event of future incapacity of the principal.

How do I write a will in Maine?

Steps to Create a Will in MaineDecide what property to include in your will.Decide who will inherit your property.Choose an executor to handle your estate.Choose a guardian for your children.Choose someone to manage children's property.Make your will.Sign your will in front of witnesses.Store your will safely.

Can I get a copy of power of attorney?

If the PoA was sent to us by post, the granter or the sender or an attorney exercising their powers can request a duplicate copy of the certificate of registration from us. The duplicate copy will always incorporate a copy of the registered PoA. A fee may be charged for this service.

Who can override a power of attorney?

principalA power of attorney (POA) is a legal contract that gives a person (agent) the ability to act on behalf of someone (principal) and make decisions for them. Short answer: The principal who is still of sound mind can always override a power of attorney.

Are old powers of attorney still valid?

Since the 1st October 2007, it is no longer possible to make an Enduring Power of Attorney. A Lasting Power of Attorney for Property and Financial Affairs replaced Enduring Powers of Attorney. However, Enduring Powers of Attorney, signed before the 1st October 2007, are in fact still valid.

What three decisions Cannot be made by a legal power of attorney?

You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Can a power of attorney transfer money to themselves?

Can a Power of Attorney Transfer Money to Themselves? No — not without good reason and express authorization. While power of attorney documents can allow for such transfers, generally speaking, a person with power of attorney is restricted from giving money to themselves.

Can two siblings have power of attorney?

Generally speaking, while it is good to include your spouse or siblings, consider the fact that they may not be around or have the inclination to sort out your wishes when the time comes. If possible, include two attorneys as standard and a third as a back-up should one of the attorneys not be able to act.

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. ...

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 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, ...

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 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 ...

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.

Does Maine have a conservatorship?

Although Maine law does provide a means of managing a disabled person’s property through a court ordered and supervised conservatorship, the legal requirements for setting up a conservatorship are complex and time consuming.

What is durable power of attorney in Maine?

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 a variety of financial purposes. The agent is recommended to be a person that is closely trusted such as a spouse or family member. The term “durable” refers to the form’s ability ...

What does "durable" mean in power of attorney?

Definition of “Durable”. “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity ( §5-902 (2) ).

Can a principal choose how many powers to grant his or her agent?

The Principal may choose however many powers to grant his or her Agent from this list but must choose at least one . To avoid graning the Agent the power to act in his or her name with banks and other financial institutions, the Principal only needs to leave this item unmarked and therefore unapproved.

Does Maine have a power of attorney form?

Although the Maine Revised Statutes do offer an Agent’s Certification Form, the legislature has not created a sample statutory power of attorney form.

What is a Maine durable power of attorney?

A Maine durable power of attorney form is a document that grants someone (the “agent”) the legal authority to act and make decisions for another person (the “principal”) in the state of Maine. Unlike a regular non-durable power of attorney (POA), a durable power of attorney ...

Can an agent sign a power of attorney?

For an agent to sign on your behalf, contact the third party or place the DPOA will be used, and provide your ID and that of your agent. Your agent can use a power of attorney to conduct almost any legal matter that you can do (if granted the authority).

Can a power of attorney be revoked if the principal is incapacitated?

Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for a third-party individual to override a power of attorney if they suspect an agent of abuse or negligence.

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 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 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?

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. An attorney-in-fact is not authorized to make gifts to the attorney-in-fact or to others unless ...

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 ...

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 ...

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.

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

What is POA section 4?

This section allows you to specify which tax matters are covered by the POA and what authority you are granting your representative. By default, your representative will have full authority to receive your confidential information and to perform any and all acts you can perform in connection with the matters described in section 4. However, your authorized representative may not delegate their authority to another individual. If you wish to limit your representative’s authority, please specifically describe the limitation.

Does Form 2848-ME automatically revoke POA?

Filing Form 2848-ME will automatically revoke any earlier POA’s on file with MRS that cover the same tax types and same years/periods.

Do you have to sign a POA?

You must sign, print your name, and date the POA for it to be valid. If you filed a joint return and both spouses are appointing the same representative, both spouses must sign. POA forms must be hand-signed.

Signing Requirements

Statutory Form

Maine Principal Declaration

• (1) Issuing Principal.The full name, city, and state of the Principal are the first details required by the first declaration of this appointment. (2) Maine Attorney-in-Fact.The Attorney-in-Fact being granted the power to speak as or act as the Principal in the State of Maine must be recorded where requested.

See more on eforms.com

Effective Date

Maine Powers of Attorney-In-Fact

Notarized Principal Signature

Agent’S Certification