Power of Attorney in Maine

A power of attorney must be signed by the principal and acknowledged before a notary public or other person authorized to take acknowledgments; it is not valid otherwise. A durable power of attorney must contain the statutory notices to the principal and to the agent. A power of attorney is durable unless it says it ends when the principal becomes incapacitated.

An adult or emancipated minor with capacity may give health care instructions (orally to a provider, or in writing) and may sign a power of attorney for health care. The power of attorney for health care must be in writing and signed in person by the principal and 2 witnesses (not electronically). Unless the document says otherwise, the agent's authority starts when the principal is found to lack capacity.

A Maine power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is not valid unless acknowledged before a notary public or other person authorized by law to take acknowledgments. A durable power of attorney is not valid unless it contains the "Notice to the Principal" and "Notice to the Agent" set out substantially in the statute (18-C M.R.S. 5-905). For health care, 18-C M.R.S. 5-805 provides an optional "Advance Health Care Directive" form, which must be signed and dated by you and signed by 2 other individuals as witnesses.