Power of attorney in Maine: the rules, signing and who to name
The short answer
A Maine financial power of attorney keeps working if you lose capacity unless it says otherwise. You sign it before a notary, with no witnesses needed, and it must include the statutory notices to you and your agent. Banks and others must accept a notarized one within set deadlines or face a court order.
A financial power of attorney lets someone you trust pay your bills, talk to the bank and look after your money if you can't. Maine has clear rules for how it must be written and signed, and one of them trips people up: the required notices.
This page walks through those rules in plain words. It is one of our guides to estate planning in each state. If the idea is new, start with what a power of attorney does, then come back here.
Is a Maine power of attorney durable?
Yes, by default. Maine adopted the Uniform Power of Attorney Act, which it calls the Maine Uniform Power of Attorney Act (18-C M.R.S. 5-901). Under it, a power of attorney is durable unless it expressly says it ends if you become incapacitated (18-C M.R.S. 5-904).
That means the document keeps working at the moment your family needs it most. You don't have to add special words to make it last. Our post on durable power of attorney explains why this matters everywhere.
Maine's probate law moved to Title 18-C in 2019. Older guides that cite Title 18-A are out of date.
How do I sign one in Maine?
Maine keeps the signing simple but strict on one point. You sign the power of attorney, and it is not valid unless you acknowledge your signature before a notary or another officer authorized to take acknowledgments (18-C M.R.S. 5-905). No witnesses are required.
If you can't sign, someone else may sign your name at your direction, in your conscious presence.
The two required notices
Here is the Maine detail that catches people. A durable power of attorney is not valid unless it contains a "Notice to the Principal" and a "Notice to the Agent," substantially in the wording the statute sets out (18-C M.R.S. 5-905).
The notices explain, in plain terms, what you are giving away and what your agent owes you. If a notice is missing or defective, the document becomes valid and enforceable only two years after signing. A form from another state, or a generic one from the internet, may leave them out.
Maine's health care document is different. It needs two witnesses and no notary. Our Maine medical power of attorney guide covers that one. Don't mix the two up.
Will my bank have to accept it?
Yes, within limits. This is one of the most useful parts of Maine's law. A bank or other person shown a notarized power of attorney must do one of two things within 7 business days (18-C M.R.S. 5-920):
- Accept it, or
- Ask for an agent's certification, a translation or a lawyer's opinion.
If it asks, it then has 5 business days after receiving what it requested to accept. It can't insist on its own form. A wrongful refusal can lead to a court order and paying your agent's attorney's fees.
There are exceptions. A bank may refuse if it believes in good faith that the document isn't valid, or that you are being abused or exploited and it reports that to the state Department of Health and Human Services.
Banks that accept a notarized power of attorney in good faith are also protected (18-C M.R.S. 5-919). Still, it helps to give your bank a copy while you are well.
What powers must be spelled out?
A broad power of attorney covers everyday money matters: paying the oil bill, depositing a pension, filing taxes, keeping the house repaired. Your agent is a fiduciary: legally required to act in your interest and follow what you wrote.
Some powers are too important to fall under general wording. In Maine, the document must grant these specifically (18-C M.R.S. 5-931):
| Power | Covered by general wording? |
|---|---|
| Creating, changing or revoking a living trust | No, needs a specific grant |
| Making gifts | No |
| Creating or changing joint ownership with survivorship | No |
| Creating or changing beneficiary designations, including transfer-on-death deeds | No |
| Handing your agent's authority to someone else | No |
| Waiving survivor rights in a joint and survivor annuity | No |
| Acting as a fiduciary for someone else in your place | No |
| Disclaiming (turning down) an inheritance | No |
| Reading the content of your emails and messages | No |
One more safeguard: an agent who isn't your parent, grandparent, spouse, domestic partner, child or grandchild can't use those powers to benefit themselves unless the document says so.
If you have a living trust, the first row matters. Your agent may need to move an account into the trust while you are in the hospital. Our post on what a living trust is explains how the two documents work together.
Who should I name as my agent?
The real questions are practical. Is this person good with money and paperwork? Do they live near enough to get to the bank, or to the house if the furnace quits in February? Will they keep records and answer questions from your family?
A short checklist when you choose:
- Trust: would you hand them your checkbook today?
- Distance: can they get to your home, your bank and your mail?
- Time: do they have room in their life for this, maybe for years?
- Backup: who steps in if your first choice can't? Our post on having a backup in every role explains why.
Many people choose a sister, a niece or a longtime friend. Our post on naming a friend as power of attorney covers what to talk through first.
Here is a typical case, a composite. Ellen is 70 and lives in Bangor. Her son is in Colorado. She names her friend Ruth, who already has a key and lets the dog out when Ellen visits family, as her agent, with her son as backup.
Some people would like a professional standing by, either first or behind a friend. A Kinly membership includes a financial power of attorney written for your state, and Trella Trust Company can be named as your agent or as the backup. You set the order.
A signing checklist
| Step | Why it matters in Maine |
|---|---|
| Use a document with both statutory notices | Without them, it isn't valid for two years |
| Sign before a notary | Not valid without acknowledgment; no witnesses needed |
| List any specific powers you want | Trusts, gifts and beneficiary changes need a specific grant |
| Leave the durability default in place | It lasts through incapacity unless you say otherwise |
| Name a backup agent | So the job doesn't fall to a court |
| Give a copy to your bank now | Banks must respond within 7 business days |
| Sign a separate health care document | The financial one doesn't cover medical decisions |
When you're ready for what happens after death, our Maine probate and small estates guide picks up where the power of attorney ends.
Common questions
Does a Maine power of attorney need to be notarized?
Yes. A Maine financial power of attorney is not valid unless it is acknowledged before a notary or another authorized officer. No witnesses are required.
What are the notices in a Maine power of attorney?
A durable power of attorney in Maine must contain a "Notice to the Principal" and a "Notice to the Agent" substantially in the statute's wording. If either is missing or defective, the document becomes valid only two years after signing.
Does my bank have to accept my Maine power of attorney?
Generally, yes. A bank shown a notarized power of attorney must accept it or ask for a certification, translation or legal opinion within 7 business days, then accept within 5 business days. It can't demand its own form.
Can my agent change my living trust?
Only if the power of attorney specifically grants that authority, or the trust allows it. General wording isn't enough in Maine.
Is a Maine power of attorney durable?
Yes. It stays in effect if you lose capacity unless it expressly says otherwise.
Sources
- 18-C M.R.S. 5-901: Maine Uniform Power of Attorney Act (Maine Legislature)
- 18-C M.R.S. 5-904: Power of attorney is durable (Maine Legislature)
- 18-C M.R.S. 5-905: Execution of power of attorney (Maine Legislature)
- 18-C M.R.S. 5-906: Validity of power of attorney (Maine Legislature)
- 18-C M.R.S. 5-919: Acceptance of and reliance on power of attorney (Maine Legislature)
- 18-C M.R.S. 5-920: Liability for refusal to accept (Maine Legislature)
- 18-C M.R.S. 5-931: Authority requiring specific grant (Maine Legislature)
This page is general information, not legal or financial advice. Laws vary by state.