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Power of Attorney in Maine: Notary, Required Notices and How to Get One
A Maine power of attorney isn't valid unless it's notarized, and a durable one must include two statutory notices. Here is what the Maine Uniform Power of Attorney Act requires and how families use it.
By naveen · Updated · How we research our guides
What to know
- A Maine power of attorney must be signed by your parent and acknowledged before a notary; without the acknowledgment it isn't valid (18-C M.R.S. § 5-905).
- A durable power of attorney must also contain a "Notice to the Principal" and a "Notice to the Agent" in substantially the statute's words.
- It's durable by default and effective immediately unless it says otherwise, and a bank must accept it, or ask for more information, within seven business days.
- Maine's act doesn't include a fill-in statutory form, and it doesn't cover health care decisions.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A Maine power of attorney is valid only if it is signed and acknowledged before a notary, and a durable one must contain two statutory notices. It "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." The same section, 18-C M.R.S. § 5-905, then adds: "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."
What is a durable power of attorney in Maine?
It's a power of attorney "not terminated by the principal's incapacity," and in Maine every power of attorney under the act is durable unless it says otherwise. Maine's law is the Maine Uniform Power of Attorney Act, 18-C M.R.S. §§ 5-901 to 5-963. A power of attorney is "a writing or other record that grants authority to an agent to act in the place of the principal." Your parent is the principal. The act covers powers of attorney created before, on or after September 1, 2019.
Durability is the default. Under § 5-904, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity of the principal." For why families set one up early, see our guide to power of attorney for an elderly parent.
What does Maine require for a power of attorney to be valid?
It must be signed by your parent, or at their direction in their conscious presence, and acknowledged before a notary, and a durable one must contain two statutory notices; § 5-905 doesn't mention witnesses.
| Requirement | What the statute says |
|---|---|
| Signature | Signed by your parent, or by someone in their conscious presence at their direction (§ 5-905(1)) |
| Notary | Acknowledged before a notary or other official authorized to take acknowledgments; required for validity (§ 5-905(1)) |
| Notices | A durable power of attorney must contain the Notice to the Principal and Notice to the Agent (§ 5-905(2)) |
| Witnesses | Section 5-905 doesn't mention witnesses |
Maine's notary law adds a family rule. Under 4 M.R.S. § 1904, a notary may not notarize for their own spouse, domestic partner, parent, sibling or child, an in-law, or a step or half relative, and a notarial act done in violation "is voidable." A relative who is a notary shouldn't be the one to notarize your parent's document.
What do the required notices say?
They tell your parent that the agent gets broad powers that continue after incapacity, and tell the agent the limits of the role and the penalties for misusing it. The notices are in § 5-905(2). The Notice to the Principal says, "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," and "You have the right to revoke this power of attorney at any time as long as you are not incapacitated."
The Notice to the Agent says, "This power of attorney is valid only if the Principal is of sound mind when the Principal signs it." It warns that the agent is "generally not entitled to use the Principal's property for your own benefit or to make gifts to yourself or others unless the power of attorney gives you such authority," and that violating the agent's duty can bring damages and criminal prosecution.
If the notice is included but incomplete or defective, the power of attorney becomes valid and enforceable two years after it's signed (§ 5-906).
Is there an official Maine power of attorney form?
Not a fill-in one. The statutory forms part of Maine's act contains only an optional agent's certification, which an agent can use "to certify facts concerning a power of attorney" (§ 5-951). The power of attorney itself can be drafted for your parent's situation, as long as it's notarized and carries the required notices.
Some powers must be granted expressly. Under § 5-931, an agent can create or change a trust, "Make a gift," "Create or change rights of survivorship," create or change a beneficiary designation, or disclaim property "only if the power of attorney expressly grants the agent the authority." Unless the document says otherwise, an agent who isn't your parent's spouse, domestic partner, ancestor or descendant can't use those powers to benefit themselves.
When does it take effect, and when does it end?
It's "effective when executed" unless it says it starts at a future date or event (§ 5-909). If it starts on incapacity and no one is named to decide, a physician's written determination triggers it, or for a missing or detained principal, one by an attorney, judge or government official.
Under § 5-910, it ends when your parent dies, revokes it, when the document says it ends or its purpose is accomplished, or when the agent can no longer serve and no other agent is named. Divorce matters: an agent's authority ends, unless the document says otherwise, "When an action is filed for the termination or annulment of the agent's marriage to the principal or their legal separation." That's the filing, not the final decree.
A court-appointed conservator doesn't end it: "The power of attorney is not terminated and the agent's authority continues unless limited, suspended or terminated by the court." Your parent can also nominate a conservator or guardian in the document, and the court follows the most recent nomination except for good cause or disqualification.
What does the agent have to do?
Under § 5-914, whatever the document says, an agent must act according to your parent's reasonable expectations as known to the agent, otherwise as a fiduciary under the standards for trustees, in good faith, and only within the authority granted. Unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care and diligence, and "Keep a record of all receipts, disbursements and transactions made on behalf of the principal."
If your parent, a guardian, a conservator or a protective government agency asks for records, the agent has 30 days to comply or explain in writing why more time is needed. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Maine power of attorney?
Yes, within set deadlines, unless one of the statute's grounds for refusal applies. Under § 5-920, "A person shall either accept an acknowledged power of attorney or request a certification, a translation or an opinion of counsel" no later than seven business days after it's presented, then accept within five business days of receiving what they asked for. They "may not require an additional or different form of power of attorney."
The statute lists reasons a bank can still refuse, such as a good-faith belief that the power isn't valid, actual knowledge that it ended, or a good-faith belief of abuse or exploitation reported to the Department of Health and Human Services. A wrongful refusal can bring a court order to accept it and liability for reasonable attorney's fees and costs.
How do you get a power of attorney for an elderly parent in Maine?
Your parent makes it: a document with the statutory notices, signed and acknowledged before a notary. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document, drafted by an attorney or from a reliable source, that includes the statutory notices.
- Go through the powers with your parent, including any gifts or beneficiary changes that need an express grant.
- Your parent signs and acknowledges it before a notary who isn't a relative.
- Give the agent a copy and keep the original somewhere safe.
Timing matters because your parent has to be able to sign, and the notice tells the agent the document is valid only if your parent is of sound mind when signing. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. It also helps to know what an elder law attorney does.
How do you revoke a power of attorney in Maine?
Revocation by your parent ends a power of attorney under § 5-910, but the sections we read don't prescribe a method. People who act in good faith without "actual knowledge" of the termination are protected, so a written, dated revocation sent to the agent and every bank holding a copy leaves a clear record.
Signing a new power of attorney doesn't cancel an older one unless the new one says the earlier one, or all others, are revoked.
How much does a power of attorney cost in Maine?
The set cost is the notary's fee, and Maine doesn't cap notary fees by statute. The Secretary of State's notary course says, "The State of Maine does not statutorily set fees for notarial services." Under the Secretary of State's notary rules, any fee "must be disclosed in writing to the individual requesting the services of the notary public before the notarial act is performed," and your parent must agree to it first.
Maine has no fill-in statutory form, so an attorney can help get the notices and powers right; the statutes we read don't set attorney fees.
Frequently asked questions
Does a power of attorney need to be notarized in Maine?
Yes. Under 18-C M.R.S. § 5-905, a Maine power of attorney "is not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgments." The section doesn't mention witnesses. A notary can't notarize for their own close relatives, so choose one who isn't related to your parent.
Is a Maine power of attorney durable?
Yes, by default. Under § 5-904, a Maine power of attorney is durable unless it expressly says it ends when your parent becomes incapacitated. A durable one must also include the statutory Notice to the Principal and Notice to the Agent, which explain that the agent keeps these powers after incapacity.
Where can I get a Maine power of attorney form?
Maine's act doesn't print a fill-in form. It requires specific notices in a durable power of attorney and offers only an optional agent's certification form in § 5-951. An attorney can draft one for your parent's situation. Whatever the source, it needs the notices and a notary's acknowledgment to be valid.
Can a Maine power of attorney make medical decisions?
No. The act doesn't apply to "A power to make health care decisions." Maine handles health care through a power of attorney for health care under the Uniform Health Care Decisions Act, which needs two witnesses instead of a notary. Our Maine advance directive guide explains it.
What if my elderly parent can no longer sign?
Someone can sign your parent's name in their conscious presence at their direction, but your parent still has to direct it and acknowledge it before a notary. If your parent can no longer make that decision, a court guardianship or conservatorship may be the remaining route.
Is a power of attorney from another state valid in Maine?
Yes, if it met the right law when signed. Under § 5-906, a power of attorney executed outside Maine is valid there if its execution complied with the law of the jurisdiction that governs its meaning, or with the federal requirements for a military power of attorney.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Maine it isn't valid without a notary and the required notices. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Maine Revised Statutes, Title 18-C, Article 5: the Maine Uniform Power of Attorney Act, including execution and notices (§ 5-905), validity (§ 5-906), durability (§ 5-904), effective date (§ 5-909), termination (§ 5-910), duties (§ 5-914), acceptance (§§ 5-919, 5-920) and express grants (§ 5-931); published by the Office of the Revisor of Statutes.
- 4 M.R.S. § 1904, Authority to perform notarial act: the notary conflict-of-interest rule.
- Maine Secretary of State, Notary public resources: the notary rules and course of study, including fee disclosure.
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