LD 1566
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LD 1566 Title Page An Act Concerning Full Faith and Credit for Legal Documents Executed in Other J... Page 2 of 3
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LR 1367
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 18-A MRSA §5-506, sub-§(b), as enacted by PL 1991, c. 719, §3,
is amended to read:

 
(b) A durable health care power of attorney executed in this
State must be signed by the principal, or another at the
principal's direction, and witnessed by 2 individuals other than
the designated attorney-in-fact. This section's requirement of 2
witnesses does not render ineffective a durable health care power
of attorney validly executed prior to the effective date of this
section.

 
Sec. 2. 18-A MRSA §5-508, sub-§(c), as repealed and replaced by PL
1997, c. 683, Pt. C, §6, is amended to read:

 
(c) A durable financial power of attorney executed in this
State must be notarized by a notary public or an attorney-at-law.

 
Sec. 3. 18-A MRSA §5-508, sub-§(d), as amended by PL 2003, c. 618, Pt.
B, §8 and affected by §20, is further amended to read:

 
(d) A durable financial power of attorney executed in this
State must contain the following language:

 
"Notice to the Principal: As the "Principal," you are using this
Durable Power of Attorney to grant power to another person
(called the "Agent" or "Attorney-in-fact") to make decisions
about your money, property or both and to use your money,
property or both on your behalf. If this written Durable Power
of Attorney does not limit the powers that you give your Agent,
your Agent will have broad and sweeping powers to sell or
otherwise dispose of your property and spend your money without
advance notice to you or approval by you. Under this document,
your Agent will continue to have these powers after you become
incapacitated, and you may also choose to authorize your Agent to
use these powers before you become incapacitated. The powers
that you give your Agent are explained more fully in the Maine
Revised Statutes, Title 18-A, sections 5-501 to 5-508 and in
Maine case law. You have the right to revoke or take back this
Durable Power of Attorney at any time as long as you are of sound
mind. If there is anything about this Durable Power of Attorney
that you do not understand, you should ask a lawyer to explain it
to you.

 
Notice to the Agent: As the "Agent" or "Attorney-in-fact," you
are given power under this Durable Power of Attorney to make
decisions about the money, property or both belonging to the
Principal and to spend the Principal's money, property or both on
that person's behalf in accordance with the terms of this Durable


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