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document purporting to establish the agency was validly executed, | | that the agency was validly established, that the named principal | | was competent at the time of execution and that, at the time of | | reliance, the named principal is alive, the agency was validly | | established and has not terminated or been amended, the relevant | | powers of the named agent were properly and validly granted and | | have not terminated or been amended and the acts of the named agent | | conform to the standards of this Part.__No person relying on a copy | | of a document purporting to establish an agency is required to see | | to the application of any property delivered to or controlled by | | the named agent or to question the authority of the named agent. |
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| | | Sec. 5. 18-A MRSA §5-802, sub-§(k) is enacted to read: |
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| | | (k)__Notwithstanding any contrary requirements of law, an | | advance health-care directive, power of attorney for health care, | | living will or other document expressing instructions for health | | care, document authorizing donation of organs at death or other | | advance medical care directive that was duly executed in another | | jurisdiction within the United States in compliance with the laws | | of that jurisdiction is not ineffective in this State due to | | noncompliance with the laws of this State. |
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| | | This bill amends the Probate Code to provide that powers of | | attorney validly executed in other jurisdictions are valid in | | this State, even if the Maine requirements for that document are | | not met. The types of powers of attorney covered are both | | durable and nondurable, and include financial powers of attorney | | and health care powers of attorney. |
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| | | This bill also creates a presumption that the out-of-state | | power of attorney was executed in compliance with the law of the | | jurisdiction in which it was executed. |
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| | | This bill exempts from the specific protective notice | | provisions of the Maine Revised Statutes, Title 18-A, section 5- | | 508 certain financial powers of attorney. Durable financial | | powers of attorney that are executed for the limited purpose of | | providing for the representation of the principal in specific | | real estate transactions will not need to include the cautionary | | language about the authority of agents and principals that is | | required for other financial powers of attorney. |
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