What the rule says
Maine adopted the Uniform Power of Attorney Act effective September 1, 2019, codified at Me. Rev. Stat. tit. 18-C, § 5-901 et seq.
Default durability
A Maine POA is durable by default — the agent's authority survives the principal's incapacity unless the document expressly states otherwise.
Specific powers
Under Maine's UPOAA, certain powers require express authorization (gifts, beneficiary changes, trust modifications, etc.).
Third-party acceptance
Maine law provides protections for third parties accepting properly executed POAs.
Execution requirements
A valid Maine POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
Maine separates property and healthcare frameworks. Healthcare decisions require a separate Maine Advance Health Care Directive under Me. Rev. Stat. tit. 18-C, § 5-801 et seq.
What happens without a POA
If a Maine resident becomes incapacitated without an executed durable POA, the family must seek guardianship or conservatorship.
What you can do about it
For Maine residents:
- Execute a Uniform Power of Attorney. - Acknowledge before a notary. - Specifically enumerate hot powers if needed. - Designate a successor agent. - Coordinate with the Advance Health Care Directive. - Update older POAs.
Who this affects most
Maine's POA framework is most consequential for Maine adults without executed POAs.