An Act To Enact the Maine Unifonn Power of Attorney Act
Maine Legislature, Session 124, LD 1404
Committee Amendment CA_A_S240 (Senate)

COMMITTEE AMENDMENT" A" to S.P. 507, L.D. 1404, Bill, "An Act To Enact 
the Maine Unifonn Power of Attorney Act" 
Amend the bill in section 2 in §5-902 in subsection (e) in the first paragraph in the 
first line (page 7, line 15 in L.D.) by inserting after the following: "to" the following: 
'effectively' 
Amend the bill in section 2 in §5-902 in subsection (e) in paragraph (1) in the last line 
(page 7, line 20 in L.D.) by inserting after "decisions" the following: 'regarding the 
individual's property or business affairs' 
Amend the bill in section 2 in §5-905 in subsection (a) in the last line (page 11, line 
in L.D.) by inserting after the following: 
"acknowledgments." the following: 
'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.' 
Amend the bill in section 2 in §5-905 in subsection (b) in the first line (page 11, line 
in L.D.) by striking out the following: 
"power of attorney" and inserting the 
following: 'durable power of attorney under this Part' 
Amend the bill in section 2 in §5-905 in subsection (b) in the 2nd blocked paragraph 
in the 9th line (page 12, line 15 in L.D.) by inserting after the following: "Part 9" the 
following: 'and Title 18-B, sections 802 to 807 and Title I8-B, chapter 9' 
Amend the bill in section 2 in §5-905 by striking out the Maine Comment (page 13, 
lines 8 to 13 in L.D.) and inserting the following: 
'Maine Comment 
Maine deviates from the Unifonn Act in subsection (a) by requiring that powers of 
attorney under this Part be acknowledged. This is a continuation of Maine law regarding 
durable financial powers of attorney. Subsection (b) is a deviation from the Unifonn Act 
and continues, in part, Maine law regarding required notices in durable financial powers 
of attorney. The change, however, is that the notice may now be substantially similar to 
the statutory language as opposed to verbatim. Under prior law the verbatim requirement 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 507, L.D. 1404 
would frequently invalidate otherwise valid powers of attorney due to minor and 
inadvertent omissions in the notice.' 
Amend the bill in section 2 in §5-911 in subsection (d) in the 3rd and 4th lines (page 
20, lines 19 and 20 in L.D.) by striking out the foIlowing: "best interest" and inserting the 
foIlowing: 'interests' 
Amend the bill in section 2 in §5-911 by inserting after the Uniform Comment and 
before §5-912 the following: 
'Maine Comment 
Maine deviates from the Uniform Act in subsection (d) by removing the reference to 
the best interest standard of care for agents. See Maine Comment to section 5-914.' 
Amend the bill in section 2 in §5-912 in the first paragraph in the last line (p~ge 21, 
line 26 in L.D.) by inserting after the following: "circumstances." the following: 'The 
factors set forth in section 3-721, subsection (b) should be considered as guides in 
determining the reasonableness of compensation under this section.' 
Amend the bill in section 2 in §5-912 by inserting after the Uniform Comment and 
before §5-913 the following: 
'Maine Comment 
Maine adds a provision that refers to section 3 -721, subsection (b) of the Probate 
Code as a guide in determining reasonable compensation bfthe agent if the principal does 
not choose to specify the terms of compensation.' 
Amend the bill in section 2 in §5-914 in subsection (a) by striking out all of 
paragraph (1) (page 22, lines 24 and 25 in L.D.) and inserting the following: 
'(1). Act in accordance with the principal's reasonable expectations to the extent 
actuaIly Imown by the agent and otherwise act as a fiduciary under the standards of 
care applicable to trustees as' described under Title 18-B, sections 802 to 807 and 
Title 18-B, chapter 9;' 
Amend the bill in section 2 in §5-914 ,in subsection (b) in paragraph (2) in the last 
line (page 22, line 32 in L.D.) by striking out the following: "in the principal's best 
interest" 
Amend the bill in section 2 in §5-914 in subsection (b) in paragraph (5) in the last 2 
lines (page 22, lines 38 and 39 in L.D.) by striking out the following: "the principal's 
reasonable expectations to the extent actually \mown by the agent and, otherwise, act in 
the principal's best interest" and inserting the following: 'such decisions' 
Amend the bill in section 2 in §5-914 in subsection (b) in paragraph (6) in the 2nd 
line (page 23, line 2 in L.D.) by striking out the following: "if preserving the plan is 
consistent with the principal's best interest" 
Amend the bill in section 2 in §5-914 in subsection (d) in the first line (page 23, line 
in L.D.) by striking out the following: "best" and inserting the following: 'sole' 
Amend the 'bill in section 2 in §5-914 by inserting after the Uniform Comment and 
before §5-915 the foIlowing: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 507, L.D. 1404 
'Maine Comment 
Maine deviates from the Uniform Act in subsections (a), (b) and (d) by removing the 
reference to the best interest standard of care for agents and continuing the trustee-type 
standard of care.' 
Amend the bill in section 2 in §5-915 in subsection (a) in the last 2 lines (page 26, 
lines 19 and 20 in L.D.) by striking out the following: 
"or the best interest of the 
principal" 
Amend the bill in section 2 in § 5-915 by inserting after the Uniform Comment and 
before §5-916 the following: 
'Maine Comment 
Maine deviates from the Uniform Act in subsection (a) by removing the reference to 
the best interest standard of care for agents. See Maine Comment to section 5-914.' 
Amend the bill in section 2 in §5-920 in subsection (b) by striking out all of 
paragraph (6) (page 31, lines 26 to 29 in L.D.) and inserting the following: 
'(6). The person has 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 and the person makes, or has actual knowledge that 
another person has made, areport to the Department of Health and Human Services 
regarding such beliefs.' 
Amend the bill in section 2 in §5-943 in subsection (a) by striking out all of 
paragraph (1) (page 46, lines 17 to 23 in L.D.) and inserting the following: 
'(1). Perform the acts necessary to maintain the customary standard of living of the 
principal, the principal's spouse or the principal's registered domestic partner and the 
following individuals, whether living when the power of attorney is executed or later 
born: 
(i) Individuals legally entitled to be supported by the principal; and 
(ii) Individuals whom the principal has customarily supported or indicated the 
intent to support;' 
Amend the bill in section 2 in §5-943 by inserting after the Uniform Comment and 
before §5-944 the following: 
'Maine Comment 
Maine deviates from the Uniform Act in subsection (a)(1) by removing the 
presumption that a principal's child is an automatic permissible beneficiary of payments 
for personal and family maintenance. If a child is an individual legally entitled to be 
supported by the principal or is an individual whom the principal has customarily 
supported or indicated the intent to support, that child may be a permissible beneficiary of 
payments for personal and family maintenance.' 
Amend the bill in section 2 in §5-947 in subsection (b) in the 2nd line (page 50, line 
in L.D.) by striking out the following: "actually" 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "4,, to S.P. 507, L.D. 1404 
Amend the bill in section 2 in §5-947 in subsection (b) in the 3rd line (page 50, line 
in L.D.) by striking out the following: "best interest" and inserting the following: 
'objectives' 
Amend the bill in section 2 in §5-947 in the Maine Comment in the first paragraph in 
the last line (page 51, line 24 in L.D.) by inserting at the end the following: 'Additionally, 
Maine deviates from the Uniform Act in subsection (b) by removing the reference to the 
best interest standard of care for agents. See Maine Comment to section 5-914.' 
SUMMARY 
This amendment clarifies the definition of "incapacity." 
This amendment provides that a power of attorney is not valid unless acknowledged 
before a notary public or other individual authorized by law to take acknowledgments. It 
also clarifies that durable powers of attorney created in the bill must contain the notices in 
substantially the form provided in the bill. 
Minor omissions or deviations do not 
invalidate the power of attorney. 
This amendment includes appropriate cross-references to the Maine Uniform Trust 
Code with regard to the duties of a fiduciary. 
This amendment clarifies the agent's responsibilities with regard to safeguarding the 
principal's interests. ..' 
This amendment cross-references guides to determining the reasonableness of an 
agent's compensation. 
. 
This amendment clarifies liability for refusal to accept an acknowledged power of 
attorney when the person has a good faith belief about abuse, neglect, exploitation or 
abandonment of the principal and a report has been made to the Department of Health 
and Human Services. 
This amendment includes a reference to the principal's registered domestic partner 
with regard to payments for personal and family maintenance. It deletes the presumption 
that the principal's child is an automatic permissible beneficiary of payments for personal 
and family maintenance. 
This amendment clarifies the agent's authority to make gifts. 
This amendment includes changes to the Maine Comments related to these changes. 
COMMITTEE AMENDMENT 
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