| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 18-A MRSA §5-506, sub-§(b), as enacted by PL 1991, c. 719, §3, | | is amended to read: |
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| | | (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. |
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| | | Sec. 2. 18-A MRSA §5-508, sub-§(c), as repealed and replaced by PL | | 1997, c. 683, Pt.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: |
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| | | (c) A durable financial power of attorney executed in this | | State must be notarized by a notary public or an attorney-at-law. |
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| | | 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: |
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| | | (d) A durable financial power of attorney executed in this | | State must contain the following language: |
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| | | "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. |
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| | | 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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