Maine · 18-C M.R.S. §§5-905–5-920Maine power of attorney at closing: notarization, notices and acceptance

Under Maine's Uniform Power of Attorney Act, a power of attorney is signed by the principal, or in the principal's conscious presence by someone the principal directs, and it isn't valid unless it's acknowledged before a notary public or other person authorized to take acknowledgments; an acknowledged signature is presumed genuine (18-C M.R.S. §5-905(1)). A durable power of attorney isn't valid unless it contains the statutory "Notice to the Principal" and "Notice to the Agent" substantially in the form set out in §5-905(2) – though one executed in Maine with an included but incomplete or defective notice becomes valid and enforceable two years after execution (§5-906(5)). A photocopy or electronically transmitted copy has the same effect as the original unless another statute provides otherwise (§5-906(6)). A person that in good faith accepts an acknowledged power of attorney without actual knowledge of a problem may rely on it, and may request an agent's certification under penalty of perjury, an English translation, or an opinion of counsel with a written reason (§5-919). It must accept the power, or make one of those requests, within seven business days after presentation, and accept within five business days after receiving what it asked for, without requiring a different form – unless an exception applies, such as a good-faith belief that the power isn't valid or the agent lacks authority (§5-920).