Maine Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

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 5-963, 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. No additional signature has to be arranged, and an online generator can create a Maine power of attorney for the principal to sign and take to a notary. 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. Several powers, such as making gifts or changing a beneficiary designation, must also be spelled out in the document, so have a Maine estate planning lawyer review the draft in a free case evaluation before you take it to a notary (attorney advertising).

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:

1. Creating, amending, revoking, or terminating a living trust
2. Making gifts on the principal's behalf
3. Creating or changing rights of survivorship
4. Creating, changing, or revoking a transfer-on-death deed or beneficiary designation
5. Delegating the agent's own authority to another person
6. Waiving the principal's right as a beneficiary of a joint-and-survivor annuity or retirement plan
7. Exercising fiduciary powers the principal has authority to delegate
8. Disclaiming property, including a power of appointment
9. 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, or the agent's authority under it ends, 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 ends. Under 18-C M.R.S. 5-910(2)(D), the agent's authority terminates upon the sooner of the two events that paragraph describes, which turn on the principal marrying someone other than the agent while the two are registered domestic partners, or on service of a notice of intent to terminate the registered domestic partnership under 22 M.R.S. section 2710(4). Unlike the divorce trigger in paragraph (2)(C), paragraph (2)(D) contains no exception for a power of attorney that 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

• Maine Alimony Laws
• Maine Divorce Laws
• Maine Probate 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.