An Act To Amend the Law Regarding Temporary Powers of Attorney over Minors and Incapacitated Persons
Maine Legislature, Session 127, LD 1065
Committee: Judiciary
Sponsors: SANDERSON, HAMPER, BUCKLAND, MAKER, POULIOT, PRESCOTT, STANLEY, TUELL, BURNS, VOLK
Amends: 18-A MRSA §5

Legislative Document 
No. 1065 
H.P. 734 
House of Representatives, March 24, 2015 
An Act To Amend the Law Regarding Temporary Powers of 
Attorney over Minors and Incapacitated Persons 
Reference to the Committee on Judiciary suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Cosponsored by Senator HAMPER of Oxford and 
Representatives: BUCKLAND of Farmington, MAKER of Calais, POULIOT of Augusta, 
PRESCOTT of Waterboro, STANLEY of Medway, TUELL of East Machias, Senators: 
BURNS of Washington, VOLK of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  18-A MRSA §5-104, sub-§(a), as amended by PL 2011, c. 43, §1, is 
further amended to read: 
(a).  A parent or guardian of a minor or incapacitated person, by a properly executed 
power of attorney, may delegate to another person, for a period not exceeding 12 months, 
any of that parent's or guardian's powers regarding care, custody or property of the minor 
child or ward, except the power to consent to marriage or, adoption of a minor ward, the 
performance of an abortion procedure on or for the minor or the incapacitated person or 
the termination of parental rights to the minor.  A delegation by a court-appointed 
guardian becomes effective only when the power of attorney is filed with the court.  A 
delegation of powers under this section does not deprive the parent or guardian of any 
parental or legal authority regarding the care and custody of the minor or incapacitated 
person. 
Sec. 2.  18-A MRSA §5-104, sub-§(c) is enacted to read: 
(c).  The execution of a power of attorney by a parent or guardian under subsection 
(a) does not constitute abandonment, abuse or neglect unless the parent or guardian fails 
to take custody of the minor or incapacitated person or execute a new power of attorney 
after the power of attorney is terminated.  If the power of attorney is terminated, the 
minor or incapacitated person must be returned to the custody of the parent or guardian as 
soon as reasonably possible.  Unless the power of attorney is terminated, the agent named 
in the power of attorney shall exercise parental or legal authority on a continuous basis 
without compensation for the duration of the power of attorney authorized by subsection 
(a) and is not subject to any laws regarding the licensure or regulation of foster care 
homes.  A minor may not be considered to be placed in foster care by virtue of the 
execution of a power of attorney under this section. 
SUMMARY 
This bill amends current law allowing a parent or guardian to execute a temporary 
power of attorney for up to 12 months, delegating the powers regarding the care and 
custody of a child or incapacitated person, by doing the following: 
1.  Limiting the power of attorney to exclude the parent or guardian's powers 
regarding the performance of an abortion for the minor or the incapacitated person or the 
termination of parental rights to the minor; 
2.  Clarifying that executing this temporary power of attorney does not deprive the 
parent or guardian of any parental or legal authority regarding the care and custody of the 
minor or incapacitated person; 
3.  Clarifying that a parent or guardian's granting of this temporary power of attorney 
does not constitute abandonment, abuse or neglect, if the parent or guardian either 
executes a new power of attorney or takes custody of the child or incapacitated person as 
soon as reasonably possible after the termination of the temporary power of attorney; 
4. Providing that the agent with the power of attorney may not receive compensation; 
and 
5.  Clarifying that this power of attorney does not implicate the laws regarding foster 
care.