An Act To
Maine Legislature, Session 127, LD 1065
Committee Amendment CA_A_H657 (House)
Amends: 18-A MRSA §5

COMMITTEE AMENDMENT "A" to H.P. 734, L.D. 1065, Bill, "An Act To 
Amend the Law Regarding Temporary Powers of Attorney over Minors and 
Incapacitated Persons" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Law Regarding Temporary Powers of Attorney over Minors 
and To Require Organizations To Screen Agents before Providing Care' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'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 Bf.,_ adoption of a minor ward or 
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). This subsection applies when a parent or guardian executes a power of attorney 
under subsection (a) for the purpose of providing for the temporary care of a minor. 
(1). 
The execution of a power of attorney under subsection (a), without other 
evidence, does not constitute abandonment, abuse or neglect. A parent or guardian of 
a minor may not execute a power of attorney with the intention of permanently 
avoiding or divesting the parent or guardian of parental and legal responsibility for 
the care of the minor. Upon the expiration or termination of the power of attorney, the 
COMMITTEE AMENDMENT 
o~' 
~ 
COMMIITEE AMENDMENT ·A" to H.P. 734, L.D. 1065 
minor must be returned to the custody of the parent or guardian as soon as reasonably 
possible unless otherwise ordered by the court. 
(2). 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 from the State for the duration of the power of attorney authorized by 
subsection (a). Nothing in this subsection disqualifies the agent from applying for and 
receiving benefits from any state or federal program of assistance for the minor or the 
agent. Nothing in this subsection prevents individuals or religious, community or 
other charitable organizations from voluntarily providing the agent with support 
related to the care of the minor while the minor is in the temporary care of the agent. 
(3). A minor may not be considered placed in foster care or in any way a ward of the 
State by virtue of the parent's or guardian's execution of a power of attorney 
authorized by subsection {a). The agent named in the power of attorney may not be 
considered a family foster home by virtue of the parent's or guardian's execution of a 
power of attorney authorized by subsection (a) and is not subject to any laws 
regarding the licensure or regulation of family foster homes unless licensed as a 
family foster home. Nothing in this subsection disqualifies the agent from being or 
becoming a family foster home licensed by the State or prevents the placement of the 
minor in the agent's care if the minor enters state custody. 
(4). An organization, other than an organization whose primary purpose is to provide 
free legal services, that is exempt from federal income taxation under Section 501(a) 
of the United States Internal Revenue Code of 1986 as an organization described by 
Section 50l(c)(3) and that assists parents or guardians with the process of executing a 
power of attorney for the temporary care of a minor shall ensure that a background 
check is conducted for the agent and any adult members of the agent's household, 
whether by completing the background check directly or by verifying that a current 
background check has already been conducted. The background check must include 
the following sources, and the results must be shared with the parent or guardian and 
the proposed agent: 
(i) A screening for child and adult abuse, neglect or exploitation cases in the 
records of the Department of Health and Human Services; and 
(ii) A criminal history record check that includes information obtained from the 
Federal Bureau of Investigation. 
The organization shall maintain records on the training and background checks of 
agents, including the content and dates of training and full transcripts of background 
checks, for a period of not less than 5 years after the minor attains 18 years of age. 
The organization shall make the records available to a parent or guardian executing a 
power of attorney under this subsection and to the ombudsman under Title 22. section 
4087-A and any local, state or federal authority conducting an investigation involving 
the agent, the parent or guardian or the minor. 
(5). An employee or volunteer for an organization described in paragraph (4) may 
not further assist with a process that results in the completion of a power of attorney 
for the temporary care of a minor if the background checks conducted pursuant to 
paragraph ( 4), subparagraphs (i) and (ii) disclose any substantiated allegations of 
COMMITTEE AMENDMENT 
o~s 
~ 
COMMITTEE AMENDMENT ·A· to H.P. 734, L.D. 1065 
child abuse, neglect or exploitation or any crimes that would disqualify the agent 
from becoming a licensed family foster home in the State. 
(6). The following penalties apply to violations of this subsection. 
(i) An organization that knowingly fails to perform or verify the background 
checks or fails to share the background check information as required by this 
subsection is subject to a civil penalty not to exceed $5,000, payable to the State 
and recoverable in a civil action. 
(ii) An organization or an employee or volunteer of an organization that 
continues to assist a parent, guardian or agent in completing a power of attorney 
under this subsection if the background checks conducted pursuant to paragraph 
(4) disclose any substantiated allegations of child abuse, neglect or exploitation 
or any crimes that would disqualify the agent from becoming a licensed family 
foster home is subject to a civil penalty not to exceed $5,000, payable to the State 
and recoverable in a civil action. 
(iii) 
An organization or an employee or volunteer of an organization that 
knowingly fails to maintain records or to disclose information as required by this 
subsection is subject to a civil penalty not to exceed $5,000, payable to the State 
and recoverable in a civil action.' 
SUMMARY 
This amendment replaces the bill. 
The amendment provides that a power of attorney cannot authorize the agent to 
consent to the termination of a parent's parental rights. It also provides that a delegation 
of powers by a 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. 
The amendment creates a new subsection that applies to powers of attorney executed 
by a parent or a guardian for the purpose of providing temporary care of a minor. It 
specifically provides that, without other evidence, the execution of the power of attorney 
by a parent or guardian does not constitute abandonment, abuse or neglect of the minor. 
The amendment prohibits the agent from receiving any financial assistance from the 
State for the care of the minor, except for any assistance that the minor or the agent is 
entitled to receive pursuant to any state or federal program. 
The amendment provides that a minor subject to a power of attorney is not in foster 
care and is not considered a ward of the State. In addition, the agent named in the power 
of attorney is not considered a family foster home and is not required to be licensed as a 
family foster home. However, the agent is not prohibited from becoming a foster home 
and the minor may be placed with the agent if the State takes custody of the minor. 
The amendment provides that an organization, other than an organization whose 
primary purpose is to provide free legal services, that is exempt from federal income 
taxation under Section 50l(a) of the United States Internal Revenue Code of 1986 as an 
organization described by Section 501(c)(3) and that assists parents or guardians with the 
process of executing a power of attorney for the temporary care of a minor must ensure 
COMMITTEE AMENDMENT 
o~~ 
~ 
COMMITTEE AMENDMENT ,A" to H.P. 734, L.D. 1065 
that a background check is completed for the agent and any adult members of the agent's 
household. The background check must include screening for child abuse cases and a 
federal criminal history record check. 
The amendment requires that the organization keep records of training and transcripts 
of background checks and that the organization must make those records available to a 
parent or guardian executing a power of attorney under these provisions and to the child 
welfare ombudsman and any local, state or federal authority performing an investigation 
involving the agent, the parent or guardian or the minor. 
The amendment imposes penalties on an organization that does not act as required 
and on employees or volunteers of an organization that knowingly continue to assist 
parents, guardians or agents in completing a power of attorney for a minor after a 
background check returns disqualifying information. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 03/25/16 
;i!?fae 
LD 1065 
LR 721(04) 
An Act To Amend the Law Regarding Temporary Powers of Attorney over Minors and Incapacitated 
Persons 
Fiscal Note for Bill as Amended by Committee Amendment 'A' { -H - (o51' 
Committee: Judiciary 
I J 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0721(04) - Fiscal Note - Page 1 of 1