Power of attorney, health care directive and guardianship in Maine

Financial power of attorney in Maine

Law and official form

Law

Maine Uniform Power of Attorney Act

Uniform Power of Attorney Act

Yes

Law: 18-C M.R.S. §§ 5-901, 5-906

Signing rules

How to sign

A Maine power of attorney is not valid unless it is acknowledged before a notary public (or another person authorized to take acknowledgments). A durable power of attorney must also include the statutory notices to the principal and to the agent.

Who signs

Signed by you, or by another person in your conscious presence whom you direct to sign your name.

Notary

Required

Witnesses

None required

Agent's acknowledgment

A durable power of attorney must contain a 'Notice to the Principal' and a 'Notice to the Agent' substantially in the form set out in the statute. The statute does not require the agent to sign. If the notice is included but incomplete or defective, the power of attorney becomes valid and enforceable 2 years after signing.

Law: 18-C M.R.S. §§ 5-905, 5-906(5)

Durable and springing

Is it durable?

A power of attorney is durable unless it expressly says it ends if you become incapacitated.

Law: 18-C M.R.S. § 5-904

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

A power of attorney is effective when signed unless it says it starts on a future date or event. You can name a person to decide in writing that the event happened. If it starts on incapacity and nobody you named decides, a physician (or, for absence or detention, an attorney, judge or government official) can determine it in writing.

Law: 18-C M.R.S. § 5-909

What an agent can and cannot do

Needs express permission

• Create, amend, revoke or terminate a living (inter vivos) trust
• Make a gift
• Create or change rights of survivorship
• Create or change a beneficiary designation, including a transfer on death deed
• Delegate authority under the power of attorney
• Waive your right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
• Exercise fiduciary powers you can delegate
• Disclaim property, including a power of appointment
• Access the content of your electronic communications

No power of attorney can

Unless the power of attorney says otherwise, an agent who is not your ancestor, spouse, domestic partner or descendant cannot use even an express grant to give themselves (or someone they must support) an interest in your property.

Law: 18-C M.R.S. § 5-931(2)

Law: 18-C M.R.S. § 5-931(1)

Agent duties, pay and court review

Agent duties

• Act according to your reasonable expectations if known, and otherwise as a fiduciary under the standards for trustees
• Act in good faith and only within the authority the document gives
• Act loyally for your benefit and avoid conflicts of interest
• Act with care, competence and diligence
• Keep a record of all receipts, payments and transactions
• Cooperate with your health care decision-maker
• Try to preserve your estate plan if known
• Give records within 30 days when asked by you, a guardian, conservator, other fiduciary or a protective government agency

Agent pay

Unless the power of attorney says otherwise, the agent is entitled to reimbursement of reasonable expenses and to reasonable compensation.

Law: 18-C M.R.S. § 5-912

Asking a court to review an agent

You, the agent, a guardian or conservator, your health care decision-maker, your spouse, domestic partner, parent or descendant, a presumptive heir, a beneficiary, a protective government agency, your caregiver or another interested person, or a person asked to accept the power of attorney can ask the Probate Court or Superior Court to construe it or review the agent's conduct. If you have capacity, the court must dismiss the petition on your motion.

Law: 18-C M.R.S. § 5-916

Law: 18-C M.R.S. § 5-914

When it ends and how to revoke it

It ends when

• You die
• You become incapacitated, if the power of attorney is not durable
• You revoke it
• The document says it ends
• Its purpose is accomplished
• The agent dies, becomes incapacitated, resigns or is revoked and no other agent is named
• An action is filed to end or annul your marriage to the agent or for legal separation, unless the document says otherwise
• Termination steps for a registered domestic partnership with the agent

Divorce ends a spouse's authority

Yes · Divorce rules in Maine (Divorce Law Map)

How to revoke

You can revoke a power of attorney, or a particular agent's authority, while you are not incapacitated. The Act does not prescribe a method. Signing a new power of attorney does not revoke an older one unless the new one says so.

Telling others

Tell the agent and every business that has the power of attorney. An agent or business that acts in good faith without actual knowledge of the revocation is protected.

Law: 18-C M.R.S. § 5-910; 18-C M.R.S. § 5-910(1)(C), (2)(A), (4), (6)

Banks, other states and real estate

Banks and other businesses

A person asked to accept a notarized (acknowledged) power of attorney must accept it, or ask for an agent's certification, an English translation or an opinion of counsel, within 7 business days, and then accept within 5 business days after getting it. They cannot demand their own form. Refusal is allowed only for listed reasons (for example, a good faith belief the power is invalid, or a report of suspected abuse to the Department of Health and Human Services). A wrongful refusal can lead to a court order and payment of attorney's fees and costs.

Law: 18-C M.R.S. §§ 5-919, 5-920

Signed in another state

A power of attorney signed outside Maine is valid here if its signing followed the law of the state it names (or where it was signed), or the federal military power of attorney rules. A photocopy or electronically sent copy has the same effect as the original.

Law: 18-C M.R.S. § 5-906(4), (6)

Health care directive in Maine

The document and its form

Document

Advance health care directive

Official form

Advance Health Care Directive (optional form in 18-C M.R.S. § 5-805)Published by Maine Legislature, Office of the Revisor of StatutesVersion: Statutory text, PL 2017, c. 402 (effective September 1, 2019)

You do not have to use it.

Living will

Individual instructions (Part 2 of the Advance Health Care Directive)

Part of the directive.

Maine does not use a separate living will form. You write your wishes about life-prolonging treatment, artificial nutrition and hydration and pain relief in Part 2 of the advance health care directive. You can give individual instructions even if you do not name an agent.

Law: 18-C M.R.S. § 5-805; 18-C M.R.S. §§ 5-803(1), 5-805

Signing rules

How to sign

Sign the power of attorney for health care in person and have 2 witnesses sign it. Individual instructions (your treatment wishes) can be written or oral; an oral instruction counts only if made to a health care provider or to a person who could be your surrogate.

Who signs

Signed by you. If you are isolated with an infectious disease in a hospital or residential health care facility, you can direct someone outside the isolation area in the same facility to sign for you, using two-way audio-video if needed.

Law: 18-C M.R.S. § 5-803-A

Notary

Not required

Witnesses

2

Who cannot witness

A power of attorney for health care must be signed by you and 2 witnesses. The statute does not list people who are disqualified from witnessing.

Nursing facilities and special settings

Remote signing by a person you direct, with witnesses by two-way audio-video, is allowed only when you are confined to an isolation area for an infectious disease in a hospital or residential health care facility.

Law: 18-C M.R.S. § 5-803-A

Electronic signing

Signatures of the principal and the witnesses on a power of attorney for health care must be made in person, not by electronic means, even though other laws allow electronic signatures.

Law: 18-C M.R.S. § 5-803(2)

Law: 18-C M.R.S. §§ 5-803(1), (2), 5-803-A

Who can be your agent and what the agent can do

Who cannot be your agent

Unless related to you by blood, marriage or adoption, your agent cannot be an owner, operator or employee of a residential long-term health care institution where you are receiving care.

Law: 18-C M.R.S. § 5-803(2)

When the agent starts

Unless the power of attorney says otherwise, the agent's authority starts only when it is determined that you lack capacity and stops when you recover capacity. Unless your directive says otherwise, your primary physician or a court makes that determination.

Law: 18-C M.R.S. § 5-803(3), (4)

Decisions an agent cannot make

The agent must decide according to your individual instructions and other known wishes, and otherwise in your best interest considering your personal values.

Law: 18-C M.R.S. § 5-803(5)

Revoking and conflicting documents

Revoking your agent

You can revoke your choice of agent only by a signed writing or by personally telling your supervising health care provider.

Revoking your instructions

You can revoke the rest of the directive at any time and in any manner that shows you want to revoke it.

Telling others

A health care provider, agent, guardian or surrogate who learns of the revocation must promptly tell your supervising health care provider and any health care institution where you are receiving care.

Divorce ends a spouse's authority

Yes · Divorce rules in Maine (Divorce Law Map)

Conflicting documents

A newer advance health care directive revokes an older one to the extent they conflict.

Law: 18-C M.R.S. § 5-804(5)

Law: 18-C M.R.S. § 5-804

If you have no directive

Who decides without a directive

If your primary physician determines you lack capacity and you have no agent or guardian (or they are not reasonably available), a reasonably available family member in this priority order can act as your surrogate. A surrogate can decide to withhold or withdraw life-sustaining treatment only if you are in a terminal condition or persistent vegetative state, and cannot refuse lifesaving, medically necessary surgery or procedures. You can disqualify anyone by a signed writing or by telling your supervising provider.

1. Your spouse, unless legally separated
2. An adult who shares an emotional, physical and financial relationship with you similar to a spouse
3. An adult child
4. A parent
5. An adult brother or sister
6. An adult grandchild
7. An adult niece or nephew
8. An adult aunt or uncle
9. Any other adult relative who knows your personal values
10. If none is reasonably available, an adult who has shown special concern for you and knows your personal values

Law: 18-C M.R.S. § 5-806

Other states, registry and medical orders

Signed in another state

A directive is valid in Maine if it complies with Maine law, wherever and whenever it was made, or if it is valid under the law of the state where it was signed.

Law: 18-C M.R.S. § 5-803(8)

Mental health directive

An advance health care directive can direct mental health treatment. Capacity for such a directive can also be determined by a person qualified to examine under Title 34-B, section 3863.

Law: 18-C M.R.S. § 5-803(4), (9)

Guardianship and conservatorship in Maine

What guardianship or conservatorship is

What it is called

Guardian for an adult (full or limited), conservator (full or limited), protective arrangement instead of guardianship or conservatorship

When a court may appoint one

The court may appoint a guardian only if it finds by clear and convincing evidence that the adult cannot meet essential requirements for physical health, safety or self-care, even with supportive services, technology or supported decision making; that a protective arrangement or other less restrictive alternative cannot meet the need; and that appointment is necessary or desirable. The court may not order a full guardianship if a limited one or a less restrictive alternative would work.

Law: 18-C M.R.S. § 5-301

Kinds

• Full guardianship
• Limited guardianship
• Full or limited conservatorship
• Joined guardianship and conservatorship
• Emergency guardian or conservator
• Protective arrangement instead of guardianship or conservatorship

Law: 18-C M.R.S. §§ 5-301, 5-302, 5-309

Who can ask, which court and your own choice

Who may ask

Any person interested in the adult's welfare, including the adult.

Law: 18-C M.R.S. § 5-302

Court

Probate Court in the county.

Choosing your own

You can nominate a guardian or conservator in a power of attorney or an advance health care directive. The court follows your most recent nomination in a power of attorney except for good cause or disqualification; your health care agent has the next priority.

Law: 18-C M.R.S. §§ 5-803(7), 5-908(1), 5-309

Effect on a power of attorney

If a conservator is appointed, the agent must also account to the conservator. The power of attorney is not terminated and the agent's authority continues unless the court limits, suspends or ends it.

Law: 18-C M.R.S. § 5-908(2)

Cost, fee waiver and forms

Filing fee

$90 to file a petition for appointment of a guardian; $90 for a conservator; $115 for a joined petition for guardian and conservator.

Law: 18-C M.R.S. § 1-602

Fee waiver

Indigency-Financial Affidavit.

Source: Probate Court form AF-105

Forms

• PP-201 Petition for Appointment of Guardian (Rev. 07-01-19)
• PP-205 Joined Petition for Guardian and Conservator (Rev. 07-01-19)
• PP-401 Petition for Appointment of Conservator (Rev. 07-01-19)
• PP-502 Guardianship Plan - Adult (Rev. 7-1-19)
• PP-505 Physician's or Psychologist's Report (Rev. 7-1-19)
• PP-601 Petition for Other Protective Arrangements (Rev. 7-1-19)
• AF-105 Indigency-Financial Affidavit (Rev. 11-12-20)

Steps

Steps

Other options and where to report abuse

Supported decision-making

Maine has no supported decision-making law.

Less restrictive options

• Supported decision making: People the adult chooses help them understand and make their own decisions.
• Power of attorney for health care or finances: The adult names an agent while able to do so.
• Representative payee: A payee manages benefit payments.
• Protective arrangement instead of guardianship or conservatorship: The court orders a specific, limited protection without appointing a guardian or conservator.
• Health care decisions by a family surrogate: Family members in priority order can make health care decisions without a court order.

Report abuse or exploitation

Maine DHHS Office of Aging and Disability Services, Adult Protective Services · 1-800-624-8404

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: 18-C M.R.S. §§ 5-102, 5-301

Good to know in Maine

• Every Maine power of attorney must be notarized; witnesses alone are not enough.

  Law: 18-C M.R.S. § 5-905

• A Maine durable power of attorney must include the statutory notices to the principal and the agent.

  Law: 18-C M.R.S. § 5-905(2)

• A power of attorney for health care needs 2 witnesses and wet (in-person) signatures; electronic signatures are not allowed.

  Law: 18-C M.R.S. § 5-803(2)

• Filing for divorce, annulment or legal separation ends a spouse agent's financial authority unless the document says otherwise; a final decree revokes a spouse's appointment as health care agent.

  Law: 18-C M.R.S. §§ 5-910(2)(C), 5-804(4)

Changes in 2024–2026

No 2024-2026 amendments to the Maine Uniform Power of Attorney Act (Part 9) or the Uniform Health-Care Decisions Act (Part 8) appear in the statute history. Adult guardianship sections were amended in 2025 (PL 2025, c. 18 on confidentiality of records; c. 168 on termination or modification, § 5-319; c. 316 on professional evaluation, § 5-306; c. 511 on compensation and attorneys).

Questions about powers of attorney in Maine