Maine Power of Attorney

You may be wondering what a Maine power of attorney has to do with your estate plan. If so, read on and let me explain. There are two very important documents that belong in every estate plan. The most important one is a Maine springing durable medical power of attorney, the second is a Maine springing durable financial power of attorney. So that it all makes better sense, lets take a closer look at all of those terms.

The first terms you need to know are who is granting the power and who is receiving it. The person writing the power of attorney is the grantor and the person being granted the power is the attorney-in-fact. Your attorney-in-fact can be anyone you choose, including your spouse. There are many excellent reasons to draft a power of attorney with your spouse as your attorney-in-fact, just be sure to void the document if you ever get divorced. While some states will do this automatically, Maine does not.

The term springing is the one your estate planning attorney will have a particular interest in. It simply means a document is not in effect until a certain event happens. Durable means the power of attorney is valid for a person who has lost, or is losing, the mental capacity to make decisions. Your springing power of attorney takes effect only if you have suffered mental problems due to an accident or illness. This document can be written and filed away by a perfectly healthy person, one who has no intention of ever becoming mentally unsound.

Normal, or non-durable powers of attorney are for mentally sound people to use in the course of every day life. These powers of attorney go into effect immediately and are voided if you loose your mental capacity. There are two main categories of non-durable powers of attorney. The general power of attorney is a way of granting unlimited power to another person. Your spouse or possibly business partner would be good candidates for this. You would only want to grant this much power to someone you completely trust.

More common usage of powers of attorney would be with a special, or limited type. With a Maine motor vehicle power of attorney you are simply giving another person the right to sign a title for you. This is normally a one time use document. A Maine real estate power of attorney allows another individual to sign a property deed for you if you are unavailable.

While Maine power of attorney forms are available at Legal Zoom, and are easy to fill out, you may still want to have them looked at by your Maine estate planning attorney. At least those that have the word durable in them. Think of durable as meaning, once you find out the document is not done correctly, it might be to late. It never hurts to have something this important looked at by a lawyer.

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