Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Durable Financial Power of Attorney
You can appoint an agent to manage finances by signing a durable power of attorney under Maine law. This document stays effective if the principal becomes incapacitated, provided it includes required language. To use this option, the principal must have mental capacity at signing. Maine law sets out execution rules in Title 18-B, section 601: 18-B M.R.S. §601.
Healthcare Power of Attorney
To designate someone for medical decisions, execute a healthcare power of attorney (advance health care directive). Maine’s statute at Title 18-A, section 5-801 details creation requirements. See: 18-A M.R.S. §5-801.
Guardianship and Conservatorship
If an heir lacks capacity to sign documents, petition the probate court for guardianship (personal care decisions) or conservatorship (financial decisions). The court appoints a guardian or conservator after a hearing and proof of incapacity.
- Guardianship: 18-C M.R.S. §5-401
- Conservatorship: 18-C M.R.S. §5-501
The court requires an oversight plan and annual accounting from a conservator.
Helpful Hints
- Discuss wishes and concerns with the elderly heir early.
- Assess capacity with a medical professional before drafting documents.
- Store signed powers of attorney and directives in a secure, accessible location.
- Inform appointed agents and alternates of their roles and responsibilities.
- File guardianship or conservatorship petitions in the probate court of the heir’s county of residence.
- Review documents periodically and after major life events such as marriage or health changes.