Maine Power of Attorney Requirements & Free Form

Maine requirements

• Maine follows the Uniform Power of Attorney Act, codified in Title 18-C, Article 5, Part 9 of the Maine Probate Code.
• Under 18-C section 5-905, a power of attorney is not valid unless it is acknowledged before a notary public or another individual authorized by law to take acknowledgments. Notarization is a validity requirement, not just a formality.
• The principal signs the document, or another individual may sign the principal's name at the principal's direction.
• Section 5-905 does not require witnesses.
• A Maine power of attorney is durable by default under 18-C section 5-904 unless it expressly provides that it is terminated by the incapacity of the principal.
• If the document will be used for real estate, check recording expectations with the registry of deeds in the county where the property is located.

Frequently asked questions

Is notarization mandatory for a Maine power of attorney?

Yes. Maine law states a power of attorney is not valid unless acknowledged before a notary public or other individual authorized to take acknowledgments, so an unnotarized document fails outright.

Do I need witnesses for a power of attorney in Maine?

No. The execution statute, 18-C section 5-905, requires the principal's signature and a notary acknowledgment but does not require witnesses.

Official sources

• https://www.mainelegislature.org/legis/statutes/18-C/title18-Csec5-905.html
• https://www.mainelegislature.org/legis/statutes/18-C/title18-Csec5-904.html