Maine
Maine Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 1 primary source cited on this page. How we verify our legal content
A Maine power of attorney (POA) lets a person (the principal) give a trusted individual (the agent, also called attorney-in-fact) legal authority to act on their behalf in financial, property, or health care matters. Maine governs financial and general powers of attorney under the Maine Uniform Power of Attorney Act, 18-C M.R.S. sections 5-901 to 5-954, part of the Maine Probate Code. Healthcare decisions require a separate document under a different part of the same code.
What a Power of Attorney Does in Maine
A power of attorney is a written legal instrument in which a principal delegates specific authority to an agent. Under Maine's UPOAA, the agent may be authorized to handle banking, real estate, business operations, tax matters, government benefit programs, retirement accounts, and a wide range of other financial affairs. The scope depends entirely on what the document grants.
The agent acts as a fiduciary, meaning they are legally required to act in the principal's best interest rather than their own. An agent who abuses their authority faces civil liability and, in cases of financial exploitation, potential criminal exposure under Maine law.
A POA does not give the agent authority to make health care decisions. That requires a separate health care POA under the Uniform Health Care Decisions Act, described in its own section below.
Durable Power of Attorney in Maine
Under 18-C M.R.S. section 5-904, a power of attorney created under Maine's UPOAA is durable by default. That means it continues to be effective even if the principal later becomes incapacitated, unless the document expressly states that it terminates upon the principal's incapacity.
This reverses the older common-law rule that required affirmative "durable" language. Under Maine law, no special phrase is needed to make a POA durable. If the principal wants the POA to end at incapacity, the document must say so clearly.
A POA may also be structured as a springing power of attorney, meaning it does not take effect until the occurrence of a future event, such as a physician's determination of incapacity. By default, however, a POA is effective immediately upon execution (18-C M.R.S. 5-909). Principals choosing a springing structure should specify in the document who is authorized to determine that the triggering condition has occurred.
How to Create a Valid Maine Power of Attorney
For a financial or general-purpose POA to be valid under 18-C M.R.S. section 5-905, the document must be:
- Signed by the principal, or by another person in the principal's presence and at the principal's direction if the principal is physically unable to sign.
- Acknowledged before a notary public or another individual authorized by Maine law to take acknowledgments.
Witnesses are not required for a Maine financial POA. Acknowledgment before a notary creates a presumption that the principal's signature is genuine, which protects third parties who rely on the document.
The statute also requires that the document contain specific statutory notices: one addressed to the principal explaining the broad authority being granted and the right to revoke, and one addressed to the agent setting out their duties and limitations. These notices must appear in substantially the form provided in section 5-905.
Practical tips for valid execution:
- The notary must be present at the time of signing, not after the fact.
- If someone else signs on the principal's behalf, both that person and the notary should be present when the principal gives the direction.
- Keep at least one original, certified copy for financial institutions that may require it.
What a Maine Agent Can and Cannot Do
General authority. If the POA grants the agent authority to do all acts that the principal could do, the agent has the general powers described in 18-C M.R.S. sections 5-934 to 5-946. These include managing real property, operating a business, handling bank accounts and investments, filing tax returns, and dealing with government programs.
Hot powers requiring express authorization. Section 5-931 lists nine categories of authority that are not included in a general grant and must be specifically stated in the document. An agent cannot exercise these powers unless the POA explicitly authorizes them:
- Creating, amending, revoking, or terminating a living trust
- Making gifts on the principal's behalf
- Creating or changing rights of survivorship
- Creating, changing, or revoking a transfer-on-death deed or beneficiary designation
- Delegating the agent's own authority to another person
- Waiving the principal's right as a beneficiary of a joint-and-survivor annuity or retirement plan
- Exercising fiduciary powers the principal has authority to delegate
- Disclaiming property, including a power of appointment
- Exercising authority over the content of the principal's electronic communications
Fiduciary duties. Under 18-C M.R.S. section 5-914, an agent must act in good faith, within the scope of authority granted, and in accordance with the principal's reasonable expectations. Default duties include acting loyally for the principal's benefit, avoiding conflicts of interest, exercising reasonable care and competence, keeping records of all transactions, cooperating with any health care decision-maker, and working to preserve the principal's estate plan where feasible.
Third-party acceptance. Under 18-C M.R.S. section 5-920, a financial institution or other person must generally accept an acknowledged POA within seven business days or request a certification. Wrongful refusal can result in court-ordered acceptance and liability for the principal's attorney fees and costs.
Health-Care Decisions and Medical POA in Maine
Health care decisions in Maine are governed by a completely separate statute: the Uniform Health Care Decisions Act, 18-C M.R.S. sections 5-801 et seq. This is Part 8 of Article 5 of the Maine Probate Code, distinct from the UPOAA in Part 9.
An adult or emancipated minor with capacity may execute a power of attorney for health care, which authorizes an agent to make any health care decision the principal could have made while having capacity. This includes decisions about admission to health care facilities, consent to or refusal of medical treatment, surgical procedures, medication programs, and directions regarding life-sustaining treatment including artificial nutrition and hydration.
Execution requirements for a Maine health care POA differ from those for a financial POA:
- The document must be in writing and signed by the principal.
- Two witnesses must also sign. Witnesses must be present in person; electronic witnessing is not permitted for the principal's or witnesses' signatures (18-C M.R.S. 5-803).
- Notarization is not required for a health care POA.
The agent's authority under a health care POA generally becomes effective only after a determination that the principal lacks capacity to make health care decisions, unless the document states otherwise.
An advance health care directive may also include personal care instructions (sometimes called a living will) directing what treatment the principal wants or does not want under specific circumstances. The health care POA and living will can appear in the same document.
Revocation of a health care POA follows its own rules under 18-C M.R.S. section 5-804: the agent designation may be revoked only by a signed writing or by personally informing the supervising health care provider. Divorce or legal separation automatically revokes a spouse's designation as health care agent unless the directive states otherwise.
Revoking or Ending a Maine Power of Attorney
Under 18-C M.R.S. section 5-910, a financial POA terminates when any of the following occurs:
- The principal dies. A POA cannot be used after the principal's death under any circumstances. Estate administration must go through probate or other post-death legal procedures.
- The principal revokes the POA. A principal with capacity may revoke at any time. The statute does not require a specific form for revocation, but a signed, written revocation delivered to the agent and to any institutions holding the document is the most reliable approach.
- The POA provides that it terminates, for example on a specific date or after a transaction is completed.
- The purpose of the POA is accomplished.
- The principal becomes incapacitated, if the POA is not durable.
- The agent is no longer able to serve due to death, incapacity, or resignation, and the document does not name a successor agent.
- An action is filed for divorce, annulment, or legal separation between the agent and the principal. Under 18-C M.R.S. 5-910(2)(C), the agent's authority terminates upon the filing of such an action, unless the POA provides otherwise. This is distinct from the health care POA rule, which requires a decree (18-C M.R.S. 5-804).
- A registered domestic partnership between the agent and principal terminates (18-C M.R.S. 5-910(2)(D)), unless the POA provides otherwise.
One important protection: if a third party acts in good faith under a POA without actual knowledge that it has terminated, that action is still binding on the principal and the principal's successors. Principals revoking a POA should notify the agent and any institutions involved in writing as promptly as possible.
For a national overview of how durable POA rules compare across states, see our Power of Attorney Laws hub page.
This page provides general legal information about Maine power of attorney laws and is not legal advice. POA documents have significant legal consequences. Consult a licensed Maine attorney for guidance specific to your situation.
Content reviewed and current as of 2026.
More Maine Laws
Frequently Asked Questions
Does a Maine power of attorney have to be notarized?
Yes, for a financial or general POA. Under 18-C M.R.S. 5-905, the principal's signature must be acknowledged before a notary public. No witnesses are required. A health care POA follows different rules: it requires two witnesses but not a notary.
Is a Maine power of attorney automatically durable?
Yes. Under 18-C M.R.S. 5-904, a POA created under Maine's Uniform Power of Attorney Act is durable by default, meaning it survives the principal's incapacity. To make a POA non-durable, the document must expressly state that it terminates upon the principal's incapacity.
Can a Maine agent make gifts on the principal's behalf?
Only if the power of attorney explicitly authorizes it. Under 18-C M.R.S. 5-931, the power to make gifts is a hot power that requires a specific grant in the document. A general grant of authority does not include the power to make gifts.
Does a Maine financial POA cover health care decisions?
No. Financial and health care authority are governed by separate Maine statutes. A health care POA must be executed under the Uniform Health Care Decisions Act (18-C M.R.S. 5-801 et seq.) and requires two witnesses rather than a notary.
How do I revoke a Maine power of attorney?
A principal with capacity may revoke a financial POA at any time. While no specific form is required by statute, a signed, written revocation delivered promptly to the agent and to any financial institutions is the most reliable approach. For a health care POA, the agent designation must be revoked by a signed writing or by personally informing the supervising health care provider (18-C M.R.S. 5-804).
Can a Maine power of attorney be used after the principal dies?
No. Under 18-C M.R.S. 5-910, a POA terminates automatically upon the principal's death. The agent has no authority to act after that point. Estate matters must be handled through the probate process or other lawful post-death procedures.
What is a springing power of attorney in Maine?
A springing POA is one that does not take effect immediately but only upon a future event or condition, such as a physician certifying the principal's incapacity. Maine allows this structure under 18-C M.R.S. 5-909. Without a springing provision, a Maine POA is effective immediately upon signing.
Updates
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 18-C: PROBATE CODE, Part 8: UNIFORM HEALTH CARE DECISIONS ACT
§ 5-801Short titleIn force
This Part may be known and cited as "the Uniform Health Care Decisions Act." [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 5-803Advance health care directivesIn force
1. Individual instruction. An adult or emancipated minor with capacity may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. An oral instruction is valid only if made to a health care provider or to an individual who may serve as a surrogate under section 5‑806, subsection 2. 2. Power of attorney for health care. An adult or emancipated minor with capacity may execute a power of attorney for health care, which may authorize the agent to make any health care decision the principal could have made while having capacity. The power must be in writing and signed by the principal and 2 witnesses. Notwithstanding any law validating electronic or digital signatures, signatures of the principal and witnesses must be made in person and not by electronic means. The power remains in effect notwithstanding the principal's later incapacity and may include individual instructions. Unless related to the principal by blood, marriage or adoption, an agent may not be an owner, operator or employee of a residential long-term health care institution at which the principal is receiving care. 3.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 5-804Revocation of advance health care directiveIn force
1. Revocation of designation of agent. An individual with capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider. 2. Revocation of advance health care directive. An individual with capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke. 3. Communication of revocation. A health care provider, agent, guardian or surrogate who is informed of a revocation by an individual with capacity shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution at which the patient is receiving care. 4. Revocation of spouse as agent. A decree of annulment, divorce, dissolution of marriage or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care. 5. Revocation of earlier advance health care directive in conflict.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Maine Revised Statutes, Title 18-C: PROBATE CODE, Part 9: MAINE UNIFORM POWER OF ATTORNEY ACT
§ 5-901Short titleIn force
This Part may be known and cited as "the Maine Uniform Power of Attorney Act." [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 5-904Power of attorney is durableIn force
A power of attorney created under this Part is durable unless it expressly provides that it is terminated by the incapacity of the principal. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 5-905Execution of power of attorney; noticesIn force
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 the signature before a notary public or other individual authorized by law to take acknowledgments. A power of attorney under this Part is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgments. 2. Notices for durable power of attorney. A durable power of attorney under this Part is not valid unless it contains the following notices substantially in the following form: "Notice to the Principal: As the "Principal" you are using this power of attorney to grant power to another person (called the Agent) to make decisions about your property and to use your property on your behalf. Under this power of attorney you give your Agent broad and sweeping powers to sell or otherwise dispose of your property without notice to you.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 5-909When power of attorney effectiveIn force
1. Effective when executed unless otherwise provided. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. 2. Future event or contingency; determination. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. 3. Incapacity; determination. If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by: A. A physician that the principal is incapacitated within the meaning of section 5‑902, subsection 5, paragraph A; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 5-910Termination of power of attorney or agent's authorityIn force
1. Termination of power of attorney. A power of attorney terminates when: A. The principal dies; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The principal becomes incapacitated, if the power of attorney is not durable; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. The principal revokes the power of attorney; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. The power of attorney provides that it terminates; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. The purpose of the power of attorney is accomplished; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. The principal revokes the agent's authority or the agent dies, becomes incapacitated or resigns and the power of attorney does not provide for another agent to act under the power of attorney. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Termination of agent's authority. An agent's authority terminates: A. When the principal revokes the authority; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 5-914Agent's dutiesIn force
1. Minimum mandatory duties. Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: A. Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and otherwise act as a fiduciary under the standards of care applicable to trustees as described under Title 18‑B, sections 802 to 807 and Title 18‑B, chapter 9; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Act in good faith; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Act only within the scope of authority granted in the power of attorney. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Default duties. Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: A. Act loyally for the principal's benefit; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Act so as not to create a conflict of interest that impairs the agent's ability to act impartially; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 5-920Liability for refusal to accept acknowledged power of attorneyIn force
1. Request within 7 days; accept within 5 days of receipt. Except as otherwise provided in subsection 2: A. A person shall either accept an acknowledged power of attorney or request a certification, a translation or an opinion of counsel under section 5-919, subsection 4 no later than 7 business days after presentation of the power of attorney for acceptance; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. If a person requests a certification, a translation or an opinion of counsel under section 5-919, subsection 4, the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation or opinion of counsel; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Acceptance not required. A person is not required to accept an acknowledged power of attorney if: A.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 5-931Authority that requires specific grant; grant of general authorityIn force
1. Specific grant of authority required. An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: A. Create, amend, revoke or terminate an inter vivos trust; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Make a gift; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Create or change rights of survivorship; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. Create or change a beneficiary designation. The authority under this paragraph, unless otherwise expressly limited in the power of attorney, includes the authority to create, change or revoke a transfer on death deed as defined in section 6‑402, subsection 6; [PL 2019, c. 598, §6 (AMD).] E. Delegate authority granted under the power of attorney; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
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Sources and References
- 18-C M.R.S. section 5-901: Short title, Maine Uniform Power of Attorney Act(legislature.maine.gov)
- 18-C M.R.S. section 5-904: Power of attorney is durable(legislature.maine.gov)
- 18-C M.R.S. section 5-905: Execution of power of attorney, notices(legislature.maine.gov)
- 18-C M.R.S. section 5-909: When power of attorney effective(legislature.maine.gov)
- 18-C M.R.S. section 5-910: Termination of power of attorney or agent authority(legislature.maine.gov)
- 18-C M.R.S. section 5-914: Agent duties(legislature.maine.gov)
- 18-C M.R.S. section 5-920: Liability for refusal to accept acknowledged power of attorney(legislature.maine.gov)
- 18-C M.R.S. section 5-931: Authority that requires specific grant, grant of general authority(legislature.maine.gov)
- 18-C M.R.S. section 5-801: Short title, Uniform Health Care Decisions Act(legislature.maine.gov)
- 18-C M.R.S. section 5-803: Advance health care directives(legislature.maine.gov)
- 18-C M.R.S. section 5-804: Revocation of advance health care directive(legislature.maine.gov)
- 18-C M.R.S. Article 5, Part 9: Maine Uniform Power of Attorney Act (enacted by PL 2017, c. 402, Pt. A, Sec. 2)(legislature.maine.gov).gov