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Question
Do I really need a power of attorney?
A power of attorney acts as a fill-in when the unexpected occurs. You may sustain injuries that leave you temporarily or permanently incapacitated. Or a new work assignment sends you out of the country for a few months. In these circumstances, you need someone to manage the home front for you until you can address these issues yourself.
If you do not have a power of attorney, you will have no one authorized to make bank deposits, pay your mortgage, or manage other financial affairs. In cases of mental incapacity, your loved ones may need to pursue a conservatorship. The court will appoint a conservator to manage your assets, and there is no guarantee that this person would be your first choice for the role or knowledgeable about your financial matters. A power of attorney offers you this protection without costing additional stress or money.
FindLaw provides everything you need to make your power of attorney.
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How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
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Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a power of attorney in Maine
Understand how a POA works in Maine
A power of attorney is a legal document where a principal (you) appoints an agent (or attorney-in-fact) to act on their behalf in financial matters. Maine statutes presume powers of attorney are durable unless expressly stated otherwise. ‘Durable’ means a power of attorney remains effective no matter your disability or mental incapacity.
There are many types of power of attorney available. A general power of attorney assigns broad powers to your agent so they can handle most financial, legal, personal, and business matters. If you wish to limit your agent to specific powers or even a single transaction, you can execute a limited power of attorney. For health care decisions, you can execute a health care power of attorney or advanced directive under the Uniform Health Care Decisions Act.
Your power of attorney can be as limited or broad as you wish. Keep in mind that if it is too narrow, your agent will not be as effective if you are unavailable for the long term.
Choose your agent
Consider your choice of agent carefully. You want someone who looks out for your best interest and has a good idea of your daily matters. Many people choose their spouse, live-in partner, close friend, family member, or business partner to fulfill this purpose. Choose a successor agent, too, in case your primary agent is unwilling or unavailable to serve at a later time.
Assign powers to the agent
Read the powers listed in the document carefully. If you seek a general power of attorney granting broad authority to your agent, you do not need to do anything further. But if you wish to limit their powers, you can do that through our step-by-step form process.
Hire a notary public
State law requires that you sign your power of attorney in front of a notary public to add their acknowledgment. You can find a notary at your bank or credit union or hire a mobile notary to visit you at your home or office. If you hire a law firm, your attorney will likely have notary publics on staff to fulfill this function.
Provide copies
Once done, make copies of your durable power of attorney and provide them to your loved ones, agent, and anyone else affected by it. Keep the original in a fireproof filing cabinet or safe deposit box. Let your agent know where to find the original in case they need it.
If you decide to revoke your power of attorney, you can sign a revocation of power of attorney form, execute a new power of attorney, or destroy it.
Maine powers of attorney frequently asked questions
You can find free power of attorney forms online. However, they may not be effective in Maine or appropriate to your situation. If you face complex circumstances, such as frequent travel abroad, long periods of unavailability, or family conflict, check a form’s effectiveness with an attorney.
A power of attorney is often easy to complete. But if it isn’t done correctly, you can create an unenforceable power of attorney that will not help your loved ones. In certain cases, you are better off if you contact a lawyer to review the document. For example, if you have conflict in your family around your finances, it is probably a good idea to talk to a lawyer. The same is true if you own a business, or don’t know who to select as your agent.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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