Legislature Recodifies and Revises Maine Probate Code

• May 5, 2018
• Robert Harrison

The state of Maine modified provisions under its Probate Code including its Uniform Power of Attorney Act. Maine repealed Sec. A-1. 18-A MRSA and enacted Sec. A-2. 18-C MRSA to recodify and revise the Maine Probate Code. These provisions are effective on July 17, 2018.

Sec. A-2. 18-C MRSA includes the following:

• Article 1 General Provisions, Definitions and Jurisdiction
• Article 2 Intestacy, Wills and Donative Transfers
• Article 3 Probate of Wills and Administration
• Article 4 Foreign Personal Representative; Ancillary
• Article 5 Uniform Guardianship and Protective Proceedings
  • Part 9 Maine Uniform Power of Attorney Act
• Article 6 Nonprobate Transfers on Death
• Article 7 Trust Administration
• Article 8 Miscellaneous Provisions
• Article 9 Adoption

Maine Uniform Power of Attorney Act §5-902(7) defines power of attorney as “a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term ‘power of attorney’ is used.” The validity of power of attorney executed in Maine is determined by the date the power of attorney is executed:

Date Executed	Validity
On or after July 1, 2019	Must comply with section 5-905
Between July 1, 2010 and July 1, 2019	Must comply with former Title 18-A, section 5-906
Before July 1, 2010	Must comply with Maine law as it existed as the time of execution

 

The full text of these provisions can be found here: https://legislature.maine.gov/bills/getPDF.asp?paper=HP0091&item=3&snum=128

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