Power of Attorney Acceptance and Refusal Rules in Maine

At a glance

Requirements one by one

Covered power and response

The Act excludes health-care powers, entity voting delegations, government-purpose forms and powers coupled with an interest (§ 5-903). For the response provisions, “acknowledged” means purportedly verified before a notary or another authorized acknowledger (§ 5-919(1)). Subject to § 5-920(2), the recipient must accept the presented power or request permitted material no later than 7 business days after presentation (§ 5-920(1)(A)).

Supporting requests and later response

The recipient may request an agent’s certification under penalty of perjury, an English translation when the power contains another language, or a counsel opinion on a legal matter with the request reason in a writing or other record (§ 5-919(4)). A translation or opinion is at the principal’s expense unless requested more than 7 business days after presentation (§ 5-919(5)). Acceptance generally follows within 5 business days after the material arrives, subject to the refusal grounds (§ 5-920(1)(B), (2)).

Refusal and remedy

Exceptions cover transactions the person need not make with the principal, federal-law inconsistency, actual knowledge of termination, refused proof, a good-faith concern about validity or authority, and a specified report to the Department of Health and Human Services (§ 5-920(2)). A person refusing in violation of the section is subject to an acceptance order and reasonable attorney’s fees and costs in a proceeding confirming validity or mandating acceptance (§ 5-920(3)).

What trips people up

A person may not require a different or additional power-of-attorney form for authority the presented instrument already grants (§ 5-920(1)(C)). Inconsistent other law applicable to financial institutions or entities controls (§ 5-922).

Common questions

Must a refusal be explained in writing? Section 5-920 states no general written-rejection notice. A counsel-opinion request has a narrower writing rule: the requester must give its reason in a writing or other record (§ 5-919(4)(C)).

Who bears translation expense? Section 5-919(5) places it on the principal unless the translation was requested more than 7 business days after presentation.

Statutes and sources

Current Maine Revisor statutes, accessed October 4, 2026.

18-C M.R.S. § 5-903. “This Part applies to all powers of attorney except: 1. Coupled with an interest in the subject of the power. A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; 2. Health care decisions. A power to make health care decisions; 3. Proxy or other delegation to exercise rights. A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and 4. Governmental purpose. A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.” Official statute (accessed October 4, 2026).

18-C M.R.S. § 5-919. “1. Acknowledged. For purposes of this section and section 5-920, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. 2. Signature not genuine. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 5‑905 that the signature is genuine. 3. Void, invalid or terminated; exceeding or improper authority. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent's authority is void, invalid or terminated or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect and the agent had not exceeded and had properly exercised the authority. 4. Request and rely upon. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: A. An agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney; B. An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and C. An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. 5. Expense of translation or opinion of counsel. An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than 7 business days after the power of attorney is presented for acceptance. 6. Employee without actual knowledge. For purposes of this section and section 5‑920, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.” Official statute (accessed October 4, 2026).

18-C M.R.S. § 5-920. “1. Request within 7 days; accept within 5 days of receipt. Except as otherwise provided in subsection 2: A. A person shall either accept an acknowledged power of attorney or request a certification, a translation or an opinion of counsel under section 5-919, subsection 4 no later than 7 business days after presentation of the power of attorney for acceptance; B. If a person requests a certification, a translation or an opinion of counsel under section 5-919, subsection 4, the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation or opinion of counsel; and C. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. 2. Acceptance not required. A person is not required to accept an acknowledged power of attorney if: A. The person is not otherwise required to engage in a transaction with the principal in the same circumstances; B. Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; C. The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; D. A request for a certification, a translation or an opinion of counsel under section 5-919, subsection 4 is refused; E. The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation or an opinion of counsel under section 5-919, subsection 4 has been requested or provided; or F. The person has a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent and the person makes, or has actual knowledge that another person has made, a report to the Department of Health and Human Services regarding such beliefs. 3. Consequences of refusal. A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: A. A court order mandating acceptance of the power of attorney; and B. Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.” Official statute (accessed October 4, 2026).

18-C M.R.S. § 5-922. “This Part does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this Part.” Official statute (accessed October 4, 2026).