Power of attorney in Maine: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Maine, from Maine law.

Checked against official sources: October 31, 2026.

Short answer

Maine Uniform Power of Attorney Act

How to sign: Notarized
Durable unless it says otherwise?: Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act: Yes

Words used in Maine

In Maine you name an agent for money and property in a power of attorney, and a health care agent in an advance health care directive. Your treatment wishes are 'individual instructions' in the same directive. If an adult cannot manage and less restrictive options will not work, the county probate court can appoint a guardian or conservator.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney (durable power of attorney) under the Maine Uniform Power of Attorney Act
The person you choose: Agent
Health care: Advance health care directive, which can include a power of attorney for health care
Treatment wishes: Individual instructions
Court-appointed decision-maker: Guardian (personal decisions) and conservator (property and money); full or limited

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

How to revoke a power of attorney in Maine

Official forms in Maine

Forms published by the state or its courts. You open them on the official site.

Health care directive

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

Guardianship / conservatorship

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).

Free help in Maine

Report abuse or exploitation

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

Questions about powers of attorney in Maine

What is a power of attorney called in Maine?

Power of attorney (durable power of attorney) under the Maine Uniform Power of Attorney Act. In Maine you name an agent for money and property in a power of attorney, and a health care agent in an advance health care directive. Your treatment wishes are 'individual instructions' in the same directive. If an adult cannot manage and less restrictive options will not work, the county probate court can appoint a guardian or conservator.

Does a power of attorney have to be notarized in Maine?

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.