An Act To Enact the Uniform Power of Attorney Act
Maine Legislature, Session 123, LD 1747
Committee: Judiciary
Sponsors: HOBBINS, SIMPSON, BRYANT, DILL
Amends: 22 MRSA §1711-C, 22 MRSA §8621

Legislative Document 
No. 1747 
S.P.614 
March 27, 2007 
An Act To Enact the Uniform Power of Attorney Act 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator HOBBINS of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative SIMPSON of Auburn and Representatives: BRYANT of 
Windham, CASA V ANT of Biddeford, DILL of Cape Elizabeth. 
Printed on recycled paper 
Be it enacted by the Yeople of the State of Maine as follows: 
Sec. 1. 18-A MRSA Art. 5, Pt. 5, as amended, is repealed. 
Sec. 2. 18-A MRSA Art. 5, Pt. 9 is enacted to read: 
UNIFORM POWER OF ATTORNEY ACT 
SUBPART 1 
GENERAL PROVISIONS AND DEFINITIONS 
§5-901. Short title 
This Part may be known and cited as "the Uniform Power of Attorney Act. " 
§5-902. Definitions 
As used in this Part, unless the context otherwise indicates, the following terms have 
the following meanings. 
Ca). "Agent" means a person granted authority to act for a principal under a power of 
attorney, whether denominated an agent, attorney-in-fact or otherwise. The term includes 
an original agent, coagent, successor agent and a person to which an agent's authority is 
delegated. 
(b). "Durable," with respect to a power of attorney, means not terminated by the 
principal's incapacity. 
Ce). "Electronic" means relating to technology having electrical, digital, magnetic, 
wireless, optical, electromagnetic or similar capabilities. 
(d). "Good faith" means honesty in fact. 
(e). "Incapacity" means inability of an individual to manage property or business 
affairs because the individual: 
(1). Has an impairment in the ability to receive and evaluate information or make or 
communicate decisions even with the use of technological assistance; or 
(2). Is: 
(i) Missing; 
(ii) Detained, including incarcerated in a penal system; or 
(iii) Outside the United States and unable to return. 
Page I - 123LRl727(Ol)-1 
(0. 
"Person" means an individual, corporation, business trust, estate, trust, 
partnership, limited liability company, association, joint venture, public corporation, 
government or governmental subdivision, agency or instrumentality or any other legal or 
commercial entity. 
(g). "Power of attorney" means a writing or other record that grants authority to an 
agent to act in the place of the principal, whether or not the term "power of attorney" is 
used. 
(h). "Presently exercisable general power of appointment," with respect to property 
or a property interest subject to a power of appointment, means power exercisable at the 
time in question to vest absolute ownership in the principal individually, the principal's 
estate, the principal's creditors or the creditors of the principal's estate. 
The term 
includes a power of appointment not exercisable until the occurrence of a specified event, 
the satisfaction of an ascertainable standard or the passage of a specified period only after 
the occurrence of the specified event, the satisfaction of the ascertainable standard or the 
passage of the specified period. The term does not include a power exercisable in a 
fiduciary capacity or only by will. 
(i). "Principal" means an individual who grants authority to an agent in a power of 
attorney. 
(j). "Property" means anything that may be the subject of ownership, whether real or 
personal, or legal or equitable, or any interest or right therein. 
(k). "Record" means information that is inscribed on a tangible medium or that is 
stored in an electronic or other medium and is retrievable in perceivable form. 
(I). "Sign" means, with present intent to authenticate or adopt a record: 
(1). To execute or adopt a tangible symbol; or 
(2). To attach to or logically associate with the record an electronic sound, symbol or 
process. 
(m). "State" means a state of the United States, the District of Columbia, Puerto 
Rico, the United States Virgin Islands or any territory or insular possession subject to the 
jurisdiction of the United States. 
(n). "Stocks and bonds" means stocks, bonds, mutual funds and all other types of 
securities and financial instruments, whether held directly, indirectly or in any other 
manner. The term does not include commodity futures contracts and call or put options 
on stocks or stock indexes. 
§5-903. Applicability 
This Part applies to all powers of attorney except: 
(3). A power to the extent it is coupled with an interest in the subject of the power, 
including a power given to or for the benefit of a creditor in connection with a credit 
transaction; 
(b). A power to make health-care decisions; 
(c). A proxy or other delegation to exercise voting rights or management rights with 
respect to an entity; and 
(d). 
A power created on a form prescribed by a government or governmental 
subdivision, agency or instrumentality for a governmental purpose. 
§S-904. Power of attorney is durable 
A power of attorney created under this Part is durable unless it expressly provides 
that it is terminated by the incapacity of the principal. 
§S-90S. Execution of power of attorney 
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. 
§S-906. Validity of power of attorney 
(a). A power of attorney executed in this State on or after January 1, 2008 is valid if 
its execution complies with section 5-905. 
(b). A power of attorney executed in this State before January 1, 2008 is valid if its 
execution complied with the law of this State as it existed at the time of execution. 
(c). A power of attorney executed other than in this State is valid in this State if, 
when the power of attorney was executed, the execution complied with: 
(1). The law of the jurisdiction that determines the meaning and effect of the power 
of attorney pursuant to section 5-907; or 
(2). The requirements for a military power of attorney pursuant to 10 United States 
Code, Section 1044b, as amended. 
(d). Except as otherwise provided by statute other than this Part, a photocopy or 
electronically transmitted copy of an original power of attorney has the same effect as the 
original. 
§S-907. Meaning and effect of power of attorney 
The meaning and effect of a power of attorney is determined by the law of the 
jurisdiction indicated in the power of attorney and, in the absence of an indication of 
jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. 
§5-90S. 
Nomination of conservator or guardian; relation of agent to court-
appointed fiduciary 
(a). In a power of attorney, a principal may nominate a conservator of the principal's 
estate or guardian of the principal's person for consideration by the court if protective 
proceedings for the principal's estate or person are begun after the principal executes the 
power of attorney. Except for good cause shown or disqualification, the court shall make 
its appointment in accordance with the principal's most recent nomination. 
(b). If, after a principal executes a power of attorney, a court appoints a conservator 
of the principal's estate or other fiduciary charged with the management of some or all of 
the principal's property, the agent is accountable to the fiduciary as well as to the 
principal. The power of attorney is not terminated and the agent's authority continues 
unless limited, suspended or terminated by the court. 
§5-909. When power of attorney effective 
(a). 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. 
(b). 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. 
(e). 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: 
(1). A physician that the principal is incapacitated within the meaning of section 5-
902, subsection (e), paragraph (1); or 
(2). An attorney at law, a judge or an appropriate governmental official that the 
principal is incapacitated within the meamng of section 5-902, subsection (e), 
paragraph (2). 
(d). A person authorized by the principal in the power of attorney to determine that 
the principal is incapacitated may act as the principal's personal representative pursuant 
to the federal Health Insurance Portability and Accountability Act of 1996, 42 United 
States Code, Section 1320d, et seq., as amended, and applicable regulations, to obtain 
access to the principal's health care information and communicate with the principal's 
health care provider. 
§5-910. Termination of power of attorney or agent's authority 
(a). A power of attorney terminates when: 
(1). The principal dies; 
(2). The principal becomes incapacitated, if the power of attorney is not durable; 
(3). The principal revokes the power of attorney; 
(4). The power of attorney provides that it terminates; 
(5). The purpose of the power of attorney is accomplished; or 
(6). 
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. 
eb). An agent's authority terminates when: 
(1). The principal revokes the authority; 
(2). The agent dies, becomes incapacitated or resigns; 
(3). An action is filed for the termination or annulment of the agent's marriage to the 
principal or their legal separation, unless the power of attorney otherwise provides; or 
(4). The power of attorney terminates. 
ec). 
Unless the power of attorney otherwise provides, an agent's authority is 
exercisable until the authority terminates under subsection (b), notwithstanding a lapse of 
time since the execution of the power of attorney. 
(d). Termination of an agent's authority or of a power of attorney is not effective as 
to the agent or another person that, without actual knowledge of the termination, acts in 
good faith under the power of attorney. An act so performed, unless otherwise invalid or 
unenforceable, binds the principal and the principal's successors in interest. 
(e). Incapacity of the principal of a power of attorney that is not durable does not 
revoke or terminate the power of attorney as to an agent or other person that, without 
actual knowledge of the incapacity, acts in good faith under the power of attorney. An 
act so performed, unless otherwise invalid or unenforceable, binds the principal and the 
principal's successors in interest. 
(0. The execution of a power of attorney does not revoke a power of attorney 
previously executed by the principal unless the subsequent power of attorney provides 
that the previous power of attorney is revoked or that all other powers of attorney are 
revoked. 
§5-911. Coagents and successor agents 
(a). A principal may designate 2 or more persons to act as coagents. Unless the 
power of attorney otherwise provides, each coagent may exercise its authority 
independently. 
(b). A principal may designate one or more successor agents to act if an agent 
resigns, dies, becomes incapacitated, is not qualified to serve or declines to serve. A 
principal may grant authority to designate one or more successor agents to an agent or 
other person designated by name, office or function. 
Unless the power of attorney 
otherwise provides, a successor agent: 
(1). Has the same authority as that granted to the original agent; and 
(2). 
May not act until all predecessor agents have resigned, died, become 
incapacitated, are no longer qualified to serve or have declined to serve. 
(c). Except as otherwise provided in the power of attorney and subsection Cd), an 
agent that does not participate in or conceal a breach of fiduciary duty committed by 
another agent, including a predecessor agent, is not liable for the actions of the other 
agent. 
(d). An agent that has actual knowledge of a breach or imminent breach of fiduciary 
duty by another agent shall notify the principal and, if the principal is incapacitated, take 
any action reasonably appropriate in the circumstances to safeguard the principal's best 
interest. An agent that fails to notify the principal or take action as required by this 
subsection is liable for the reasonably foreseeable damages that could have been avoided 
if the agent had notified the principal or taken such action. 
§5-912. Reimbursement and compensation of agent 
Unless the power of attorney otherwise provides, an agent is entitled to 
reimbursement of expenses reasonably incurred on behalf of the principal and to 
compensation that is reasonable under the circumstances. 
§5-913. Agent's acceptance 
Except as otherwise provided in the power of attorney, a person accepts appointment 
as an agent under a power of attorney by exercising authority or performing duties as an 
agent or by any other assertion or conduct indicating acceptance. 
§5-914. Agent's duties 
(a). Notwithstanding provisions in the power of attorney, an agent that has accepted 
appointment shall: 
(1). Act in accordance with the principal's reasonable expectations to the extent 
actually known by the agent and otherwise in the principal's best interest; 
(2). Act in good faith; and 
(3). Act only within the scope of authority granted in the power of attorney. 
(b). 
Except as otherwise provided in the power of attorney, an agent that has 
accepted appointment shall: 
(l). Act loyally for the principal's benefit; 
ill. Act so as not to create a conflict of interest that impairs the agent's ability to act 
impartially in the principal's best interest; 
(3). Act with the care, competence and diligence ordinarily exercised by agents in 
similar circumstances; 
(4). Keep a record of all receipts, disbursements and transactions made on behalf of 
the principal; 
(5). Cooperate with a person that has authority to make health care decisions for the 
principal to carry out the principal's reasonable expectations to the extent actually 
known by the agent and, otherwise, act in the principal's best interest; and 
(6). Attempt to preserve the principal's estate plan, to the extent actually known by 
the agent, if preserving the plan is consistent with the principal's best interest based 
on all relevant factors, including: 
Ci) The value and nature of the principal's property; 
(ii) The principal's foreseeable obligations and need for maintenance; 
(iii) Minimization of taxes, including income, estate, inheritance, generation-
skipping transfer and gift taxes; and 
(iv) Eligibility for a benefit, a program or assistance under a statute, rule or 
regulation. 
(e). An agent that acts in good faith is not liable to any beneficiary of the principal's 
estate plan for failure to preserve the plan. 
(dl. An agent that acts with care, competence and diligence for the best interest of 
the principal is not liable solely because the agent also benefits from the act or has an 
individual or conflicting interest in relation to the property or affairs of the principal. 
(el. If an agent is selected by the principal because of special skills or expertise 
possessed by the agent or in reliance on the agent's representation that the agent has 
special skills or expertise, the special skills or expertise must be considered in 
determining whether the agent has acted with care, competence and diligence under the 
circumstances. 
(0. Absent a breach of duty to the principal, an agent is not liable if the value of the 
principal's property declines. 
(g). An agent that exercises authority to delegate to another person the authority 
granted by the principal or that engages another person on behalf of the principal is not 
liable for an act, error of judgment or default of that person if the agent exercises care, 
competence and diligence in selecting and monitoring the person. 
(b). Except as otherwise provided in the power of attorney, an agent is not required 
to disclose receipts, disbursements or transactions conducted on behalf of the principal 
unless ordered by a court or requested by the principal, a guardian, a conservator, another 
fiduciary acting for the principal, a governmental agency having authority to protect the 
welfare of the principal or, upon the death of the principal, by the personal representative 
or successor in interest of the principal's estate. If so requested, within 30 days the agent 
shall comply with the request or provide a writing or other record substantiating why 
additional time is needed and shall comply with the request within an additional 30 days. 
§5-915. Exoneration of agent 
A provision in a power of attorney relieving an agent of liability for breach of duty is 
binding on the principal and the principal's successors in interest except to the extent the 
provIsIOn: 
(a). Relieves the agent of liability for breach of duty committed dishonestly, with an 
improper motive or with reckless indifference to the purposes of the power of attorney or 
the best interest of the principal; or 
(b). Was inserted as a result of an abuse of a confidential or fiduciary relationship 
with the principal. 
§5-916. Judicial relief 
(a). The following persons may petition a court to construe a power of attorney or 
review the agent's conduct and grant appropriate relief: 
0). The principal or the agent; 
(2). A guardian, conservator or other fiduciary acting for the principal; 
(3). A person authorized to make health care decisions for the principal; 
( 4). The principal's spouse, parent or descendant; 
(5). An individual who would qualify as a presumptive heir of the principal; 
(6). A person named as a beneficiary to receive any property, benefit or contractual 
right on the principal's death or as a beneficiary of a trust created by or for the 
principal that has a financial interest in the principal's estate; 
(7). A governmental agency having regulatory authority to protect the welfare of the 
principal; 
(8). The principal's caregiver or another person that demonstrates sufficient interest 
in the principal's welfare; and 
(9). A person asked to accept the power of attorney. 
(b). Upon motion by the principal, the court shall dismiss a petition filed under this 
section, unless the court finds that the principal lacks capacity to revoke the agent's 
authority or the power of attorney. 
§5-917. Agent's liability 
An agent that violates this chapter is liable to the principal or the principal's 
successors in interest for the amount required to: 
(a). Restore the value of the principal's property to what it would have been had the 
violation not occurred; and 
(b). 
Reimburse the principal or the principal's successors in interest for the 
attorney's fees and costs paid on the agent's behalf. 
§5-918. Agent's resignation; notice 
Unless the power of attorney provides a different method for an agent's resignation, 
an agent may resign by giving notice to the principal and, if the principal is incapacitated: 
(a). To the conservator or guardian, if one has been appointed for the principal, and a 
coagent or successor agent; or 
(b). If there is no person described in subsection (a), to: 
0). The principal's caregiver; 
(2). Another person reasonably believed by the agent to have sufficient interest in the 
principal's welfare; or 
(3). A governmental agency having authority to protect the welfare of the principal. 
§5-919. Acceptance of and reliance upon acknowledged power of attorney 
(a). 
For purposes of this section and section 5-920, "acknowledged" means 
purportedly verified before a notary public or other individual authorized to take 
acknowledgements. 
(b). A person that in good faith accepts an acknowledged power of attorney without 
actual knowledge that the signature is not genuine may rely upon the presumption under 
section 5-905 that the signature is genuine. 
(c). A person that in good faith accepts an acknowledged power of attorney without 
actual knowledge that the power of attorney is void, invalid or terminated, that the 
purported agent's authority is void, invalid or terminated or that the agent is exceeding or 
improperly exercising the agent's authority may rely upon the power of attorney as if the 
power of attorney were genuine, valid and still in effect, the agent's authority were 
genuine, valid and still in effect and the agent had not exceeded and had properly 
exercised the authority. 
(d). A person that is asked to accept an acknowledged power of attorney may 
request, and rely upon, without further investigation: 
0). 
An agent's certification under penalty of perjury of any factual matter 
concerning the principal, agent or power of attorney; 
(2). An English translation of the power of attorney if the power of attorney contains, 
in whole or in part, language other than English; and 
(3). An opinion of counsel as to any matter of law concerning the power of attorney 
if the person making the request provides in a writing or other record the reason for 
the request. 
(e). An English translation or an opinion of counsel requested under this section must 
be provided at the principal's expense unless the request is made more than 7 business 
days after the power of attorney is presented for acceptance. 
(0. For purposes of this section and section 5-920, a person that conducts activities 
through employees is without actual knowledge of a fact relating to a power of attorney, a 
principal or an agent if the employee conducting the transaction involving the power of 
attorney is without actual knowledge of the fact. 
§5-920. Liability for refusal to accept acknowledged power of attorney 
(a). Except as otherwise provided in subsection (b): 
(1). 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 
(d) no later than 7 business days after presentation of the power of attorney for 
acceptance; 
(2). If a person requests a certification, a translation or an opinion of counsel under 
section 5-919, subsection Cd), 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 
(3). A person may not require an additional or different form of power of attorney for 
authority granted in the power of attorney presented. 
(b). A person is not required to accept an acknowledged power of attorney if: 
(1). The person is not otherwise required to engage in a transaction with the principal 
in the same circumstances; 
(2). 
Engaging in a transaction with the agent or the principal in the same 
circumstances would be inconsistent with federal law; 
(3). The person has actual knowledge of the termination of the agent's authority or of 
the power of attorney before exercise of the power; 
(4). A request for a certification, a translation or an opinion of counsel under section 
5-919, subsection (d) is refused; 
(5). The person in good faith believes that the power is not valid or that the agent 
does not have the authority to perform the act requested, whether or not a 
certification, a translation or an opinion of counsel under section 5-919, subsection 
(d) has been requested or provided; or 
(6). The person makes, or has actual knowledge that another person has made, a 
report to the Department of Heath and Human Services stating a good faith belief that 
the principal may be subject to physical or financial abuse, neglect, exploitation or 
abandonment by the agent or a person acting for or with the agent. 
(cl. A person that refuses in violation of this section to accept an acknowledged 
power of attorney is subject to: 
(1). A court order mandating acceptance of the power of attorney; and 
(2). 
Liability for reasonable attorney's fees and costs incurred in any action or 
proceeding that confirms the validity of the power of attorney or mandates 
acceptance of the power of attorney. 
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§5-921. Principles of law and equity 
Unless displaced by a provision of this Part, the principles of law and eguity 
supplement this Part. 
§5-922. Laws applicable to financial institutions and entities 
This Part does not supersede any other law applicable to financial institutions or other 
entities, and the other law controls if inconsistent with this Part. 
§5-923. Remedies under other law 
The remedies under this Part are not exclusive and do not abrogate any right or 
remedy under the law of this state other than this Part. 
SUBPART 2 
AUTHORITY 
§5-931. Authority that requires specific grant; grant of general authority 
(a). 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: 
(1). Create, amend, revoke or terminate an inter vivos trust; 
(2). Make a gift; 
(3). Create or change rights of survivorship; 
(4). Create or change a beneficiary designation; 
(5). Delegate authority granted under the power of attorney; 
(6). Waive the principal's right to be a beneficiary of a joint and survivor annuity, 
including a survivor benefit under a retirement plan; 
(7). Exercise fiduciary powers that the principal has authority to delegate; or 
(8). Disclaim property, including a power of appointment. 
(b). Notwithstanding a grant of authority to do an act described in subsection (a), 
unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse 
or descendant of the principal may not exercise authority under a power of attorney to 
create in the agent, or in an individual to whom the agent owes a legal obligation of 
support, an interest in the principal's property, whether by gift, right of survivorship, 
beneficiary designation, disclaimer or otherwise. 
(c). Subject to subsections (a), (b), (d) and (e), if a power of attorney grants to an 
agent authority to do all acts that a principal could do, the agent has the general authority 
described in sections 5-934 through 5-946. 
(d). Unless the power of attorney otherwise provides, a grant of authority to make a 
gift is subject to section 5-947. 
(e). Subject to subsections (a), (b) and (d), if the subjects over which authority is 
granted in a power of attorney are similar or overlap, the broadest authority controls. 
(0. Authority granted in a power of attorney is exercisable with respect to property 
that the principal has when the power of attorney is executed or acquires later, whether or 
not the property is located in this State and whether or not the authority is exercised or the 
power of attorney is executed in this State. 
(g). An act performed by an agent pursuant to a power of attorney has the same 
effect and inures to the benefit of and binds the principal and the principal's successors in 
interest as if the principal had performed the act. 
§5-932. Incorporation of authority 
(a). An agent has authority described in this subpart if the power of attorney refers to 
general authority with respect to the descriptive term for the subjects stated in sections S-
IS 
through 5-947 or cites the section in which the authority is described. 
(b). A reference in a power of attorney to general authority with respect to the 
descriptive term for a subject in sections 5-934 through 5-947 or a citation to a section of 
sections 5-934 through 5-947 incorporates the entire section as if it were set out in full in 
the power of attorney. 
(c). A principal may modify authority incorporated by reference. 
§5-933. Construction of authority generally 
Except as otherwise provided in the power of attorney, by executing a power of 
attorney that incorporates by reference a subject described in sections 5-934 through 5-
or that grants to an agent authority to do all acts that a principal could do pursuant to 
section 5-931, subsection (c), a principal authorizes the agent, with respect to that subject, 
to: 
(a). Demand, receive and obtain by litigation or otherwise, money or another thing of 
value to which the principal is, may become or claims to be entitled and conserve, invest, 
disburse or use anything so received or obtained for the purposes intended; 
(b). Contract in any manner with any person, on terms agreeable to the agent, to 
accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, 
restate, release or modify the contract or another contract made by or on behalf of the 
principal; 
(c). 
Execute, acknowledge, seal, deliver, file or record any instrument or 
communication the agent considers desirable to accomplish a purpose of a transaction, 
including creating at any time a schedule listing some or all of the principal's property 
and attaching it to the power of attorney; 
(d). Initiate, participate in, submit to alternative dispute resolution, settle, oppose or 
propose or accept a compromise with respect to a claim existing in favor of or against the 
principal or intervene in litigation relating to the claim; 
(e). Seek on the principal's behalf the assistance of a court or other governmental 
agency to carry out an act authorized in the power of attorney; 
(0. 
Engage, compensate and discharge an attorney, accountant, discretionary 
investment manager, expert witness or other advisor; 
(2)' Prepare, execute and file a record, report or other document to safeguard or 
promote the principal's interest under a statute, rule or regulation; 
(h). 
Communicate with any representative or employee of a government or 
governmental subdivision, agency or instrumentality on behalf of the principal; 
(n. 
Access communications intended for and communicate on behalf of the 
principal, whether by mail, electronic transmission, telephone or other means; and 
<D. Do any lawful act with respect to the subject and all property related to the 
subject. 
§5-934. Real property 
Unless the power of attorney otherwise provides, language in a power of attorney 
granting general authority with respect to real property authorizes the agent to: 
(a). Demand, buy, lease, receive, accept as a gift or as security for an extension of 
credit or otherwise acquire or reject an interest in real property or a right incident to real 
property; 
(b). Sell; exchange; convey with or without covenants, representations or warranties; 
quitclaim; release; surrender; retain title for security; encumber; partition; consent to 
partitioning; subject to an easement or covenant; subdivide; apply for zoning or other 
governmental permits; plat or consent to platting; develop; grant an option concerning; 
lease; sublease; contribute to an entity in exchange for an interest in that entity; or 
otherwise grant or dispose of an interest in real property or a right incident to real 
property; 
(e). Pledge or mortgage an interest in real property or right incident to real property 
as security to borrow money or pay, renew or extend the time of payment of a debt of the 
principal or a debt guaranteed by the principal; 
(d). Release, assign, satisfy or enforce by litigation or otherwise a mortgage, deed of 
trust, conditional sale contract, encumbrance, lien or other claim to real property that 
exists or is asserted; 
(e). 
Manage or conserve an interest in real property or a right incident to real 
property owned or claimed to be owned by the principal, including: 
0). Insuring against liability or casualty or other loss; 
(2). 
Obtaining or regatmng possession of or protecting the interest or right by 
litigation or otherwise; 
(3). Paying, assessing, compromising or contesting taxes or assessments or applying 
for and receiving refunds in connection with them; and 
(4). Purchasing supplies, hiring assistance or labor and making repairs or alterations 
to the real property; 
(0. 
Use, develop, alter, replace, remove, erect or install structures or other 
improvements upon real property in or incident to which the principal has, or claims to 
have, an interest or right; 
(g). Participate in a reorganization with respect to real property or an entity that owns 
an interest in or right incident to real property and receive, hold and act with respect to 
stocks and bonds or other property received in a plan of reorganization, including: 
(1). Selling or otherwise disposing of them; 
(2). Exercising or selling an option, right of conversion or similar right with respect 
to them; and 
(3). Exercising any voting rights in person or by proxy; 
(h). Change the form of title of an interest in or right incident to real property; and 
(i). Dedicate to public use, with or without consideration, easements or other real 
property in which the principal has, or claims to have, an interest. 
§5-935. Tangible personal property 
Unless the power of attorney otherwise provides, language in a power of attorney 
granting general authority with respect to tangible personal property authorizes the agent 
to: 
(a). Demand, buy, receive, accept as a gift or as security for an extension of credit or 
otherwise aCquire or reject ownership or possession of tangible personal property or an 
interest in tangible personal property; 
(b). Sell; exchange; convey with or without covenants, representations or warranties; 
quitclaim; release; surrender; create a security interest in; grant options concerning; lease; 
sublease; or otherwise dispose of tangible personal property or an interest in tangible 
personal property; 
(e). Grant a security interest in tangible personal property or an interest in tangible 
personal property as security to borrow money or pay, renew or extend the time of 
payment of a debt of the principal or a debt guaranteed by the principal; 
(d). Release, assign, satisfy or enforce by litigation or otherwise a security interest, 
lien or other claim on behalf of the principal with respect to tangible personal property or 
an interest in tangible personal property; 
(e). Manage or conserve tangible personal property or an interest in tangible personal 
property on behalf of the principal, including: 
(1). Insuring against liability or casualty or other loss; 
(2). Obtaining or regaining possession of or protecting the property or interest by 
litigation or otherwise; 
(3). Paying, assessing, compromising or contesting taxes or assessments or applying 
for and receiving refunds in connection with them; 
(4). Moving the property from place to place; 
(5). Storing the property for hire or on a gratuitous bailment; and 
(6). Using and making repairs, alterations or improvements to the property; and 
(7). Changing the form of title of an interest in tangible personal property. 
§5-936. Stocks and bonds 
Unless the power of attorney otherwise provides, language in a power of attorney 
granting general authority with respect to stocks and bonds authorizes the agent to: 
(a). Buy, sell and exchange stocks and bonds; 
(b). Establish, continue, modify or terminate an account with respect to stocks and 
bonds; 
(c). Pledge stocks and bonds as security to borrow, pay, renew or extend the time of 
payment of a debt of the principal; 
(d). Receive certificates and other evidences of ownership with respect to stocks and 
bonds; and 
(e). Exercise voting rights with respect to stocks and bonds in person or by proxy, 
enter into voting trusts and consent to limitations on the right to vote. 
§5-937. Commodities and options 
Unless the power of attorney otherwise provides, language in a power of attorney 
granting general authority with respect to commodities and options authorizes the agent 
to: 
(a). Buy, sell, exchange, assign, settle and exercise commodity futures contracts and 
call or put options on stocks or stock indexes traded on a regulated option exchange; and 
(b). Establish, continue, modify and terminate option accounts. 
§5-938. Banks and other financial institutions 
Unless the power of attorney otherwise provides, language in a power of attorney 
granting general authority with respect to banks and other financial institutions authorizes 
the agent to: 
(a). Continue, modify and tenninate an account or other banking arrangement made 
by or on behalf of the principal; 
(b). Establish, modify and tenninate an account or other banking arrangement with a 
bank, trust company, savings and loan association, credit union, thrift company, 
brokerage firm or other financial institution selected by the agent; 
(c). Contract for services available from a financial institution, including renting a 
safe deposit box or space in a vault; 
(d). Withdraw, by check, order, electronic funds transfer or otherwise, money or 
property of the principal deposited with or left in the custody of a financial institution; 
(e). Receive statements of account, vouchers, notices and similar documents from a 
financial institution and act with respect to them; 
(0. Enter a safe deposit box or vault and withdraw or add to the contents; 
(g). 
Borrow money and pledge as security personal property of the principal 
necessary to borrow money or pay, renew or extend the time of payment of a debt of the 
principal or a debt guaranteed by the principal; 
(h). 
Make, assign, draw, endorse, discount, guarantee and negotiate promissory 
notes, checks, drafts and other negotiable or nonnegotiable paper of the principal or 
payable to the principal or the principal's order, transfer money, receive the cash or other 
proceeds of those transactions and accept a draft drawn by a person upon the principal 
and pay it when due; 
(i). Receive for the principal and act upon a sight draft, warehouse receipt or other 
document of title, whether tangible or electronic, or other negotiable or nonnegotiable 
instrument; 
<D. Apply for, receive and use letters of credit, credit and debit cards, electronic 
transaction authorizations and traveler's checks from a financial institution and give an 
indemnity or other agreement in connection with letters of credit; and 
(k). Consent to an extension of the time of payment with respect to commercial 
paper or a financial transaction with a financial institution. 
§5-939. Operating entity or business 
Subject to the terms of a document or an agreement governing an entity or an entity 
ownership interest, and unless the power of attorney otherwise provides, language in a 
power of attorney granting general authority with respect to operation of an entity or 
business authorizes the agent to: 
(a). Operate, buy, sell, enlarge, reduce or tenninate an ownership interest; 
(b). Perform a duty or discharge a liability and exercise in person or by proxy a right, 
power, privilege or option that the principal has, may have or claims to have; 
(e). Enforce the terms of an ownership agreement; 
(d). Initiate, participate in, submit to alternative dispute resolution, settle, oppose or 
propose or accept a compromise with respect to litigation to which the principal is a party 
because of an ownership interest; 
(e). Exercise in person or by proxy, or enforce by litigation or otherwise, a right, 
power, privilege or option the principal has or claims to have as the holder of stocks and 
bonds; 
(0. Initiate, participate in, submit to alternative dispute resolution, settle, oppose or 
propose or accept a compromise with respect to litigation to which the principal is a party 
concerning stocks and bonds; 
(g). With respect to an entity or business owned solely by the principal: 
(1). Continue, modify, renegotiate, extend and terminate a contract made by or on 
behalf of the principal with respect to the entity or business before execution of the 
power of attorney; 
(2). Determine: 
(i) The location of its operation; 
(ii) The nature and extent of its business; 
(iii) 
The methods of manufacturing, selling, merchandising, financing, 
accounting and advertising employed in its operation; 
(iv) The amount and types of insurance carried; and 
(v) The mode of engaging, compensating and dealing with its employees and 
accountants, attorneys or other advisors; 
(3). Change the name or form of organization under which the entity or business is 
operated and enter into an ownership agreement with other persons to take over all or 
part of the operation of the entity or business; and 
(4). Demand and receive money due or claimed by the principal or on the principal's 
behalf in the operation of the entity or business and control and disburse the money in 
the operation of the entity or business; 
(h). Put additional capital into an entity or business in which the principal has an 
interest; 
(i). Join in a plan of reorganization, consolidation, conversion, domestication or 
merger of the entity or business; 
(j). Sell or liquidate all or part of an entity or business; 
(k). Establish the value of an entity or business under a buy-out agreement to which 
the principal is a party; 
(I). Prepare, sign, file and deliver reports, compilations of information, returns or 
other papers with respect to an entity or business and make related payments; and 
(m). Pay, compromise or contest taxes, assessments, fines or penalties and perform 
any other act to protect the principal from illegal or unnecessary taxation, assessments, 
fines or penalties, with respect to an entity or business, including attempts to recover, in 
any manner permitted by law, money paid before or after the execution of the power of 
attorney. 
§5-940. Insurance and annuities 
Unless the power of attorney otherwise provides, language in a power of attorney 
granting general authority with respect to insurance and annuities authorizes the agent to: 
II 
(a). 
Continue, pay the premium or make a contribution on, modify, exchange, 
rescind, release or terminate a contract procured by or on behalf of the principal that 
insures or provides an annuity to either the principal or another person, whether or not the 
principal is a beneficiary under the contract; 
(b). Procure new, different and additional contracts of insurance and annuities for the 
principal and the principal's spouse, children and other dependents and select the amount, 
type of insurance or annuity and mode of payment; 
(c). Pay the premium or make a contribution on, modify, exchange, rescind, release 
or terminate a contract of insurance or annuity procured by the agent; 
(d). Apply for and receive a loan secured by a contract of insurance or annuity; 
(e). Surrender and receive the cash surrender value on a contract of insurance or 
annuity; 
<0. Exercise an election; 
(g). Exercise investment powers available under a contract of insurance or annuity; 
(h). Change the manner of paying premiums on a contract of insurance or annuity; 
(i). Change or convert the type of insurance or annuity with respect to which the 
principal has or claims to have authority described in this section; 
(j). Apply for and procure a benefit or assistance under a statute or regulation to 
guarantee or pay premiums of a contract of insurance on the life of the principal; 
(k). Collect, sell, assign, hypothecate, borrow against or pledge the interest of the 
principal in a contract of insurance or annuity; 
(I). 
Select the form and timing of the payment of proceeds from a contract of 
insurance or annuity; and 
(m). Pay, from proceeds or otherwise, compromise or contest, and apply for refunds 
in connection with, a tax or assessment levied by a taxing authority with respect to a 
contract of insurance or annuity or its proceeds or liability accruing by reason of the tax 
or assessment. 
§5-941. Estates, trusts and other beneficial interests 
(a). As used in this section, "estate, trust and other beneficial interest" means a trust, 
probate estate, guardianship, conservatorship, escrow or custodianship or a fund from 
which the principal is, may become or claims to be entitled to a share or payment. 
(b). 
Unless the power of attorney otherwise provides, language in a power of 
attorney granting general authority with respect to estates, trusts and other beneficial 
interests authorizes the agent to: 
(1). 
Accept, receive, receipt for, sell, asslgn, pledge or exchange a share in or 
payment from the fund; 
(2). Demand or obtain money or another thing of value to which the principal is, may 
become or claims to be entitled by reason of the fund, by litigation or otherwise; 
(3). Exercise for the benefit of the principal a presently exercisable general power of 
appointment held by the principal; 
(4). Initiate, participate in, submit to alternative dispute resolution, settle, opoose or 
propose or accept a compromise with respect to litigation to ascertain the meaning, 
validity or effect of a deed, will, declaration of trust or other instrument or transaction 
affecting the interest of the principal; 
(5). Initiate, participate in, submit to alternative dispute resolution, settle, oppose or 
propose or accept a compromise with respect to litigation to remove, substitute or 
surcharge a fiduciary; 
(6). Conserve, invest, disburse or use anything received for an authorized purpose; 
and 
(7). Transfer an interest of the principal in real property, stocks and bonds, accounts 
with financial institutions or securities intermediaries, insurance, annuities and other 
property to the trustee of a revocable trust created by the principal as settler. 
§5-942. Claims and litigation 
Unless the power of attorney otherwise provides, language in a power of attorney 
granting general authority with respect to claims and litigation authorizes the agent to: 
(a). Assert and maintain before a court or administrative agency a claim, claim for 
relief, cause of action, counterclaim, offset, recoupment or defense, including an action to 
recover property or other thing of value, recover damages sustained by the principal, 
eliminate or modify tax liability or seek an injunction, specific performance or other 
relief; 
(b). Bring an action to determine adverse claims or intervene or otherwise participate 
in litigation; 
(c). 
Seek an attachment, garnishment, order of arrest or other preliminary, 
provisional or intermediate relief and use an available procedure to effect or satisfy a 
judgment, order or decree; 
(d). Make or accept a tender, offer of judgment or admission of facts, submit a 
controversy on an agreed statement of facts, consent to examination and bind the 
principal in litigation; 
(e). 
Submit to alternative dispute resolution, settle and propose or accept a 
compronuse; 
(0. Waive the issuance and service of process upon the principal, accept service of 
process, appear for the principal, designate persons upon which process directed to the 
principal may be served, execute and file or deliver stipulations on the principal's behalf, 
verify pleadings, seek appellate review, procure and give surety and indemnity bonds, 
contract and pay for the preparation and printing of records and briefs, receive, execute 
and file or deliver a consent, waiver, release, confession of judgment, satisfaction of 
judgment, notice, agreement or other instrument in connection with the prosecution, 
settlement or defense of a claim or litigation; 
(g). Act for the principal with respect to bankruptcy or insolvency, whether voluntary 
or involuntary, concerning the principal or some other person, or with respect to a 
reorganization, receivership or application for the appointment of a receiver or trustee 
that affects an interest of the principal in property or other thing of value; 
(h). Pay a judgment, award or order against the principal or a settlement made in 
connection with a claim or litigation; and 
(i). Receive money or other thing of value paid in settlement of or as proceeds of a 
claim or litigation. 
§5-943. Personal and family maintenance 
(a). 
Unless the power of attorney otherwise provides, language in a power of 
attorney granting general authority with respect to personal and family maintenance 
authorizes the agent to: 
0). Perform the acts necessary to maintain the customary standard of living of the 
principal, the principal's spouse and the following individuals, whether living when 
the power of attorney is executed or later born: 
(i) The principal's children; 
(ii) Other individuals legally entitled to be supported by the principal; and 
(iii) The individuals whom the principal has customarily supported or indicated 
the intent to support; 
(2). Make periodic payments of child support and other family maintenance required 
by a court or governmental agency or an agreement to which the principal is a party; 
(3). Provide living quarters for the individuals described in paragraph (1) by: 
!'age 20 -123LRl727(Ol)-1 
(i) Purchase, lease or other contract; or 
(ii) 
Paying the operating costs, including interest, amortization payments, 
repairs, improvements and taxes, for premises owned by the principal or 
occupied by those individuals; 
(4). Provide normal domestic help, usual vacations and travel expenses and funds for 
shelter, clothing, food, appropriate education, including postsecondary and vocational 
education, and other current living costs for the individuals described in paragraph 
ill 
(5). Pay expenses for necessary health care and custodial care on behalf of the 
individuals described in paragraph (1); 
(6). Act as the principal's personal representative pursuant to the federal Health 
Insurance Portability and Accountability Act of 1996,42 United States Code, Section 
1320d et seq., as amended, and applicable regulations, in making decisions related to 
the past, present or future payment for the provision of health care consented to by 
the principal or anyone authorized under the law of this State to consent to health care 
on behalf of the principal; 
(7). Continue any provision made by the principal for automobiles or other means of 
transportation, including registering, licensing, insuring and replacing them, for the 
individuals described in paragraph (1); 
(8). 
Maintain credit and debit· accounts for the convenience of the individuals 
described in paragraph (1) and open new accounts; and 
(9). Continue payments incidental to the membership or affiliation of the principal in 
a religious institution, club, society, order or other organization or to continue 
contributions to those organizations. 
(b). Authority with respect to personal and family maintenance is neither dependent 
upon, nor limited by, authority that an agent mayor may not have with respect to gifts 
under this Part. 
§5-944. Benefits from governmental programs or civil or military service 
(a). As used in this section. "benefit from governmental programs or civil or military 
service" means any benefit, program or assistance provided under a statute, rule or 
regulation including Social Security, Medicare and Medicaid. 
(b). 
Unless the power of attorney otherwise provides, language in a power of 
attorney granting general authority with respect to benefits from governmental programs 
or civil or military service authorizes the agent to: 
(1). 
Execute vouchers in the name of the principal for allowances and 
reimbursements payable by the United States or a foreign government or by a state or 
subdivision of a state to the principal, including allowances and reimbursements for 
transportation of the individuals described in section 5-943, subsection (a), paragraph 
(1) and for shipment of their household effects; 
(2). Take possession and order the removal and shipment of property of the principal 
from a post, warehouse, depot, dock or other place of storage or safekeeping, either 
governmental or private, and execute and deliver a release, voucher, receipt, bill of 
lading, shipping ticket, certificate or other instrument for that purpose; 
(3). 
Enroll in, apply for, select, reject, change, amend or discontinue, on the 
principal's behalf, a benefit or program; 
(4). Prepare, file and maintain a claim of the principal for a benefit or assistance, 
financial or otherwise, to which the principal may be entitled under a statute, rule or 
regulation; 
(5). Initiate, participate in, submit to alternative dispute resolution, settle, oppose or 
propose or accept a compromise with respect to litigation concerning any benefit or 
assistance the principal may be entitled to receive under a statute, rule or regulation; 
and 
(6). 
Receive the financial proceeds of a claim described in subsection (4) and 
conserve, invest, disburse or use for a lawful purpose anything so received. 
§5-945. Retirement plans 
(a). As used in this section, "retirement plan" means a plan or account created by an 
employer, the principal or another individual to provide retirement benefits or deferred 
compensation of which the principal is a participant, beneficiary or owner, including a 
plan or account under the following sections of the federal Internal Revenue Code: 
(1). An individual retirement account under the Internal Revenue Code, Section 408, 
United States Code, Section 408, as amended; 
(2). A Roth individual retirement account under the Internal Revenue Code, Section 
408A, 26 United States Code, Section 408A, as amended; 
(3). 
A deemed individual retirement account under the Internal Revenue Code, 
Section 408(q), 26 United States Code, Section 408(q), as amended; 
(4). An annuity or mutual fund custodial account under the Internal Revenue Code, 
Section 403(b), 26 United States Code, Section 403(b), as amended; 
(5). A pension, profit-sharing, stock bonus or other retirement plan qualified under 
the Internal Revenue Code, Section 401(a), 26 United States Code, Section 401(a), as 
amended; 
(6). A plan under the Internal Revenue Code, Section 457(b), 26 United States Code, 
Section 457(b), as amended; and 
(7). A nonqualified deferred compensation plan under the Internal Revenue Code, 
Section 409A, 26 United States Code, Section 409A, as amended. 
(b). 
Unless the power of attorney otherwise provides, language in a power of 
attorney granting general authority with respect to retirement plans authorizes the agent 
to: 
(1). 
Select the fonn and timing of payments under a retirement plan and withdraw 
benefits from a plan; 
(2). Make a rollover, including a direct trustee-to-trustee rollover, of benefits from 
one retirement plan to another; 
(3). Establish a retirement plan in the principal's name; 
(4). Make contributions to a retirement plan; 
(5). Exercise investment powers available under a retirement plan; and 
(6). Borrow from, sell assets to or purchase assets from a retirement plan. 
§5-946. Taxes 
Unlessihe power of attorney otherwise provides, language in a power of attorney 
granting general authority with respect to taxes authorizes the agent to: 
(a). Prepare, sign and file federal, state, local and foreign income, gift, payroll, 
property, Federal Insurance Contributions Act and other tax returns, claims for refunds, 
requests for extension of time, petitions regarding tax matters and any other tax-related 
documents, including receipts, offers, waivers, consents, including consents and 
agreements under the Internal Revenue Code, Section 2032A, 26 United States Code, 
Section 2032A, as amended, closing agreements and any power of attorney required by 
the federal Internal Revenue Service or other taxing authority with respect to a tax year 
upon which the statute of limitations has not run and the following 25 tax years; 
(b). Pay taxes due, collect refunds, post bonds, receive confidential infonnation and 
contest deficiencies determined by the federal Internal Revenue Service or other taxing 
authority; 
(e). Exercise any election available to the principal under federal, state, local or 
foreign tax law; and 
(d). Act for the principal in all tax matters for all periods before the federal Internal 
Revenue Service or other taxing authority. 
§5-947. Gifts 
(a). As used in this section, a gift "for the benefit of" a person includes a gift to a 
trust, an account under the Unifonn Transfers to Minors Act and a tuition savings account 
or prepaid tuition plan as defined under the Internal Revenue Code, Section 529, 26 
United States Code, Section 529, as amended. 
(b). 
Unless the power of attorney otherwise provides, language in a power of 
attorney granting general authority with respect to gifts authorizes the agent only to: 
(1). Make outright to, or for the benefit of, a person, a gift of any of the principal's 
property, including by the exercise of a presently exercisable general power of 
appointment held by the principal, in an amount per donee not to exceed the annual 
dollar limits of the federal gift tax exclusion under the Internal Revenue Code, 
Section 2503(b), 26 United States Code, Section 2503(b), as amended, without regard 
to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse 
agrees to consent to a split gift pursuant to the Internal Revenue Code, Section 2513, 
United States Code, Section 2513, as amended, in an amount per donee not to 
exceed twice the annual federal gift tax exclusion limit; and 
(2). Consent, pursuant to the Internal Revenue Code, Section 2513, 26 United States 
Code, Section 2513, as amended, to the splitting of a gift made by the principal's 
spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions 
for both spouses. 
(el. 
An agent may make a gift of the principal's property only as the agent 
determines is consistent with the principal's objectives if actually known by the agent 
and, if unknown, as the agent determines is consistent with the principal's best interest 
based on all relevant factors, including: 
(1). The value and nature of the principal's property; 
(2). The principal's foreseeable o~ns 
and need for maintenance; 
(3). 
Minimization of taxes, including income, estate, inheritance, generation-
skipping transfer and gift taxes; 
(4). 
Eligibility for a benefit, a program or assistance under a statute, rule or 
regulation; and 
(5). The principal's personal history of making or joining in making gifts. 
SUBPART 3 
STATUTORY FORMS 
§5-951. Statutory form power of attorney 
A document substantially in the following form may be used to create a statutory 
form power of attorney that has the meaning and effect prescribed by this Part. 
STATUTORY FORM POWER OF ATTORNEY 
IMPORTANT INFORMATION 
This power of attorney authorizes another person (your agent) to make decisions 
concerning your property for you (the principal). Your agent will be able to make 
decisions and act with respect to your property (including your money) whether or not 
you are able to act for yourself. The meaning of authority over subjects listed on this 
form is explained in the Uniform Power of Attorney Act, the Maine Revised Statutes, 
Title 18-A, article 5, Part 9. 
This power of attorney does not authorize the agent to make health care decisions for you. 
You should select someone you trust to serve as your agent. 
Unless you specify 
otherwise, generally the agent's authority will continue until you die or revoke the power 
of attorney or the agent resigns or is unable to act for you. 
Your agent is entitled to reasonable compensation unless you state otherwise in the 
Special Instructions. 
This form provides for designation of one agent. If you wish to name more than one 
agent you may name a coagent in the Special Instructions. Coagents are not required to 
act together unless you include that requirement in the Special Instructions. 
If your agent is unable or unwilling to act for you, your power of attorney will end unless 
you have named a successor agent. You may also name a second successor agent. 
This power of attorney becomes effective immediately unless you state otherwise in the 
Special Instructions. 
If you have questions about the power of attorney or the authority you are granting 
to your agent, you should seek legal advice before signing this form. 
DESIGNATION OF AGENT 
I .......................................... (name ofPrincipal) ........................................................ name 
the following person as my agent: 
Name of Agent: ........................................................................................................... . 
Agent's Address: ................................ : ..................................................................... .. 
Agent's Telephone Number: ..................................................................................... .. 
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 
If my agent is unable or unwilling to act for me, I name as my successor agent: 
Name of Successor Agent: ............................................................................. . 
Successor Agent's Address: ........................................................................... . 
Successor Agent's Telephone Number: .......................................................... . 
If my successor agent is unable or unwilling to act for me, I name as my second successor 
agent: 
Name of Second Successor Agent: ................................................................ .. 
Second Successor Agent's Address: .............................................................. .. 
Second Successor Agent's Telephone Number: ............................................. .. 
GRANT OF GENERAL AUTHORITY 
I grant my agent and any successor agent general authority to act for me with respect to 
the following subjects as defined in the Uniform Power of Attorney Act, the Maine 
Revised Statutes, Title 18-A, article 5, Part 9: 
(INITIAL each subject you want to include in the agent's general authority. If you wish 
to grant general authority over all of the subjects you may initial "All Proceding Subjects" 
instead of initialing each subject.) 
( ) Real Property 
( ) Tangible Personal Property 
( ) Stocks and Bonds 
( ) Commodities and Options 
( ) Banks and Other Financial Institutions 
( ) Operation of Entity or Business 
( ) Insurance and Annuities 
( ) Estates, Trusts and Other Beneficial Interests 
( ) Claims and Litigation 
( ) Personal and Family Maintenance 
( ) Benefits from Governmental Programs or Civil or Militarv Service 
( ) Retirement Plans 
( ) Taxes 
( ) All Proceeding Subjects 
GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 
My agent MAY NOT do any of the following specific acts for me UNLESS I have 
INITIALED the specific authority listed below: 
(CAUTION: Granting any of the following will give your agent the authority to take 
actions that could significantly reduce your property or change how your property is 
distributed at your death. INITIAL ONLY the specific authority you WANT to give your 
agent.) 
() Create, amend, revoke or terminate an inter vivos trust 
() Make a gift, subject to the limitations of the Uniform Power of Attorney Act, the 
Maine Revised Statutes, Title IS-A, section 5-947 and any special instructions in this 
power of attorney 
() Create or change rights of survivorship 
() Create or change a beneficiarY designation 
() Authorize another person to exercise the authority granted under this power of 
attorney 
() Waive the principal's right to be a beneficiarY ofa joint and survivor annuity, 
including a survivor benefit under a retirement plan 
) Exercise fiduciarY powers that the principal has authority to delegate 
) Disclaim or refuse an interest in property, including a power of appointment 
LIMITATION OF AGENT'S AUTHORITY 
An agent that is not my ancestor, spouse or descendant MAY NOT use my property to 
benefit the agent or a person to whom the agent owes an obligation of support unless I 
have included that authority in the Special Instructions. 
You may give special instructions on the following lines: 
SPECIAL INSTRUCTIONS (OPTIONAL) 
................................................................................................................................ 
................................................................................................................................ 
................................................................................................................................ 
................................................................................................................................ 
................................................................................................................................ 
................................................................................................................................ 
................................................................................................................................ 
................................................................................................................................ 
EFFECTIVE DATE 
This power of attorney is effective immediately unless I have stated otherwise in the 
Special Instructions. 
NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL) 
If it becomes necessary for a court to appoint a conservator of my estate or guardian of 
my person, I nominate the following person(s) for appointment: 
Name of Nominee for conservator of my estate: .......................................................... . 
Nominee's Address: ..................................................................................................... . 
Nominee's Telephone Number: .................................................................................... . 
Name of Nominee for guardian of my person: .............................................................. . 
Nominee's Address: ...................................................................................................... . 
Nominee's Telephone Number: ..................................................................................... . 
RELIANCE ON THIS POWER OF ATTORNEY 
Any person, including my agent, may rely upon the validity of this power of attorney or a 
copy of it unless that person knows it has terminated or is invalid. 
SIGNATURE AND ACKNOWLEDGMENT 
................................................................... 
. ............................ . 
Your Signature 
................................................................... 
Your Name Printed 
................................................................... 
Your Address 
................................................................... 
Your Telephone Number 
State of ...................................................... . 
County of ...................................................... . 
This document was acknowledged before me on ................................................ . 
(Date) 
by ..................................................... .. 
(name of Principal) 
................................................................... (Seal, if any) 
Signature of Notary/Attorney 
My commission expires: ...................................................... . 
This document prepared by: 
................................................................................................................................ 
................................................................................................................................ 
IMPORT ANT INFORMATION FOR AGENT 
Agent's Duties 
When you accept the authority granted under this power of attorney, a special legal 
relationship is created between you and the principal. This relationship imposes upon 
you legal duties that continue until you resign or the power of attorney is tenninated or 
revoked. You must: 
(1) do what you know the principal reasonably expects you to do with the principal's 
property or, if you do not know the principal's expectations, act in the principal's best 
interest; 
(2) act in good faith; 
(3) do nothing beyond the authority granted in this power of attorney; and 
(4) disclose your identity as an agent whenever you act for the principal by writing or 
printing the name of the principal and signing your own name as "agent" in the following 
manner: 
(Principal's Name) by (Your Signature) as Agent 
Unless the Special Instructions in this power of attorney state otherwise, you must also: 
(1) act loyally for the principal's benefit; 
(2) avoid conflicts that would impair your ability to act in the principal's best interest; 
(3) act with care, competence and diligence; 
(4) keep a record of all receipts, disbursements and transactions made on behalf of the 
principal; 
(5) cooperate with any person that has authority to make health care decisions for the 
principal to do what you know the principal reasonably expects or, if you do not know the 
principal's expectations, to act in the principal's best interest; and 
(6) attempt to preserve the principal's estate plan if you know the plan and preserving the 
plan is consistent with the principal's best interest. 
Termination of Agent's Authority 
You must stop acting on behalf of the principal if you learn of any event that terminates 
this power of attorney or your authority under this power of attorney. 
Events that 
terminate a power of attorney or your authority to act under a power of attorney include: 
(1) death of the principal; 
(2) the principal's revocation of the power of attorney or your authority; 
(3) the occurrence of a termination event stated in the power of attorney; 
(4) the purpose of the power of attorney is fully accomplished; and 
(5) if you are married to the principal, a legal action is filed with a court to end your 
marriage, or for your legal separation, unless the Special Instructions in this power of 
attorney state that such an action will not terminate your authority. 
Liability of Agent 
The meaning of the authority granted to you is defined in the Uniform Power of Attorney 
Act, the Maine Revised Statutes, Title 18-A, article 5, Part 9. If you violate the Uniform 
Power of Attorney Act or act outside the authority granted, you may be liable for any 
damages caused by your violation. 
If there is anything about this document or your duties that you do not understand, 
you should seek legal advice. 
§5-952. Agent's certification 
The following optional form may be used by an agent to certify facts concerning a 
power of attorney. 
AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF 
ATTORNEY AND AGENT'S AUTHORITY 
State of ...................................................... . 
County of ................................................... . 
I, ....................................................................... (Name of Agent), certify under penalty of 
perjury that ..... ...... ........... .... .... ....... ....... .... .................. .(name of Principal) granted me 
authority as 
an agent or successor agent 
III a power of attorney dated 
I further certify that to my knowledge: 
(1) The Principal is alive and has not revoked the Power of Attorney or my authority 
to act under the Power of Attorney and the Power of Attorney and my authority to act 
under the Power of Attorney have not terminated; 
(2) If the Power of Attorney was drafted to become effective upon the happening of 
an event or contingency, the event or contingency has occurred; 
(3) If I was named as a successor agent, the prior agent is no longer able or willing to 
serve; and 
................................................................................................................................ 
................................................................................................................................ 
(Insert other relevant statements) 
SIGNATURE AND ACKNOWLEDGMENT 
................................................................... . ............................ . 
Agent's Signature 
Date 
................................................................... 
Agent's Name Printed 
Agent's Address 
................................................................... 
Agent's Telephone Number 
This document was acknowledged before me on ................................................ .. 
(Date) 
by ...................................................... . 
(name of Agent) 
l3 
................................................................... (Seal, if any) 
Signature ofNotary/Attorney 
My commission expires: ..................................................... .. 
This document prepared by: 
SUBPART 4 
MISCELLANEOUS PROVISIONS 
§5-961. Uniformity of application and construction 
In applying and construing this uniform act, consideration must be given to the need 
to promote uniformity of the law with respect to its subject matter among the states that 
enact it. 
§5-962. Relation to Electronic Signatures in Global and National Commerce Act 
This Part modifies, limits and supersedes the federal Electronic Signatures in Global 
and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not 
modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 
7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) 
of that Act, 15 United States Code, Section 7003(b ). 
§5-963. Effect on existing powers of attorney 
Except as otherwise provided in this Part, on January 1,2008: 
(a). This Part applies to a power of attorney created before, on or after January 1, 
2008; 
(b). 
This Part applies to a judicial proceeding concerning a power of attorney 
commenced on or after January 1, 2008; and 
(c). 
This Part applies to a judicial proceeding concerning a power of attorney 
commenced before January 1, 2008, unless the court finds that application of a provision 
of this Part would substantially interfere with the effective conduct of the judicial 
proceeding or prejudice the rights of a party, in which case that provision does not apply 
and the superseded law applies. 
An act done before January 1, 2008 is not affected by this Part. 
§5-964. Effective date 
This Part takes effect January 1, 2008. 
Sec. 3. 22 MRSA §1711-C, sub-§l, ~A, as amended by PL 1999, c. 512, Pt. A, 
§ 5 and affected by § 7, is further amended to read: 
A. 
"Authorized representative of an individual" or "authorized representative" 
means an individual's legal guardian; agent pursuant to Title 18-A, section 5-802; 
attorney-in-fact pursuant to Title 18-A, section 5 506 article 5, Part 9; or other 
authorized representative or, after death, that person's personal representative or a 
person identified in subsection 3-B. For a minor who has not consented to health 
care treatment in accordance with the provisions of state law, "authorized 
representative" means the minor's parent, legal guardian or guardian ad litem. 
Sec. 4. 22 MRSA §8621, sub-§6, as enacted by PL 1993, c. 692, § 1, is amended 
to read: 
6. Durable health care power of attorney. "Durable health care power of attorney" 
has the same meaning as "power of attorney for health care" contained in Title 18-A, 
section~ 5-80l. 
SUMMARY 
The Uniform Power of Attorney Act, "UPAA," replaces and expands the provisions 
relating to powers of attorney in Maine's Probate Code, currently in the Maine Revised 
Statutes, Title 18-A, article 5, Part 5. Durable powers of attorney have been allowed 
since the late 1960' s or early 1970' s in almost every state. A durable power of attorney 
survives the incapacity of the principal to avoid the need to bring expensive and time-
consuming guardians hi p or conservatorship actions to care for the principal's assets. 
Under UP AA, the agent serves in the same way a guardian or conservator would in 
relation to the principal's property. UPAA requires that certain powers, mostly related to 
estate planning, be expressly and specifically conferred rather than be accepted as general 
powers. 
UP AA also provides civil penalties for refusal by a 3rd party to accept a 
properly executed, or a statutory form, power of attorney if that 3rd party holds assets of 
the principal. UP AA does, however, create reasonable exceptions to the requirement that 
3rd parties accept a properly executed, or a statutory form, power of attorney and it 
creates certain protections for persons who accept a power of attorney in good faith. 
UP AA contains provisions that protect a principal and the principal's successors in 
interest from an agent who violates its provisions. Finally, UP AA does not contain 
provisions related to so-called durable health care powers of attorney as currently 
provided in article 5, Part 5 of Maine's Probate Code; however, UP AA does not affect 
Maine's Uniform Health-Care Decisions Act in article 5, Part 8 of Maine's Probate Code, 
which already, and concurrently, allows for the creation of so-called durable health care 
powers of attorney. 
P"ge 3'2 - 123LRI727(IH )-)