Maine Minor Child Power of Attorney Form

A parent or a guardian who cannot guarantee the provision of care to their child/ren in certain contexts can execute a Maine Minor Child Power of Attorney. This document contains terms that lawfully allow them to place their child in the temporary care of another party they nominate, called the Agent. The Agent will be entrusted to carry out any tasks they specify, so long as they relate to the care, safety, and wellbeing of their child. This arrangement will not result in any loss of their parental or guardianship rights, however. That is, as § 5-905 states, “A delegation of powers under this section does not deprive the parent or guardian of any parental or legal authority regarding the care and custody of the minor or incapacitated person.”

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Additional Considerations

Power of Attorney (POA) arrangements involving children are contained within the state’s general POA laws (as noted below). However, there are specific provisions regarding these arrangements that parents/guardians and their chosen Agent must abide by, of which can be found in §5-104. These provisions state important legal guidelines regarding such matters as:

  • The duration of the POA (i.e. “a period not exceeding 12 months”),
  • The conditions which must be met in order for a POA to become effective, and
  • Special considerations for military personnel.

State Laws & Signing Requirements

State Laws – Protection of Persons Under Disability and Their Property

Signing Requirements (§ 5-905 & § 5-104) – State law makes it necessary for parents and guardians to sign their name/s in view of a Notary Public (or another individual of a similar standing who is authorized to take acknowledgements). They should also note that, “A delegation by a court-appointed guardian becomes effective only when the power of attorney is filed with the court.”