An Act to Require a Military Service Member's Agent with Power of Attorney to Be Legally Responsible for Paying Bills During the Member's Deployment
Maine Legislature, Session 131, LD 0561
Committee: Veterans and Legal Affairs
Sponsors: BRAKEY, ANDREWS, BOYER, HYMES, WHITE
Amends: 18-C MRSA §5, 37-B MRSA §3

Legislative Document
No. 561
S.P. 232
In Senate, February 9, 2023
An Act to Require a Military Service Member's Agent with Power 
of Attorney to Be Legally Responsible for Paying Bills During the 
Member's Deployment
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.  (BY REQUEST)
Cosponsored by Representatives: ANDREWS of Paris, BOYER of Poland, HYMES of Waldo, 
WHITE of Guilford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §5-914, sub-§9 is enacted to read:
9.  Mobilized or deployed military.  Unless stated otherwise in the power of attorney, 
the agent for a member of the United States Army, Navy, Air Force, Marine Corps, Space 
Force, Coast Guard, Army National Guard or Air National Guard who is mobilized or 
deployed outside the boundaries of the United States for more than 30 days shall pay the 
debts and other financial obligations of the principal in accordance with the terms of the 
debt or financial obligation to the extent funds of the principal are available to the agent.
Sec. 2.  37-B MRSA §3, sub-§1, ¶D, as amended by PL 2021, c. 634, Pt. B, §§10 
and 11, is further amended by enacting a new subparagraph (26) to read:
(26)  The Adjutant General shall implement a program to reimburse a resident of 
the State who is a member of the United States Army, Navy, Air Force, Marine 
Corps, Space Force, Coast Guard, Army National Guard or Air National Guard 
who is mobilized or deployed outside the boundaries of the United States for more 
than 30 days and who suffers financial loss during the mobilization or deployment 
due to the failure of the agent having power of attorney for the member to fulfill 
the agent's duties under Title 18-C, section 5-914, including subsection 9.  The 
amount reimbursed to a member must equal the amount of financial loss suffered.  
To ensure adequate funds are available to reimburse a member under this 
subparagraph, the Adjutant General shall purchase and maintain surety and fidelity 
insurance for the joint benefit of members.  The department may adopt rules as 
necessary to implement this subparagraph.  Rules adopted pursuant to this 
subparagraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
SUMMARY
This bill clarifies that the person having power of attorney for a Maine resident who is 
a member of the United States Army, Navy, Air Force, Marine Corps, Space Force, Coast 
Guard, Army National Guard or Air National Guard who is mobilized or deployed outside 
the boundaries of the United States for more than 30 days is obligated to pay the debts and 
other financial obligations of the member in accordance with the terms of the debts or other 
financial obligations to the extent funds of the member are available to the person.  The bill 
requires the Adjutant General of the Department of Defense, Veterans and Emergency 
Management to implement a program to reimburse a member who suffers financial loss 
because the person having power of attorney for the member failed to fulfill this obligation. 
The Adjutant General is required to purchase and maintain surety and fidelity insurance to 
ensure that funds are available to reimburse members who suffer a loss under these 
circumstances.