{"data":{"id":"us-me/18-c-m.r.s.-5-920","jurisdiction":"us-me","citation":"18-C M.R.S. §5-920","heading":"Liability for refusal to accept acknowledged power of attorney","body":"1.  Request within 7 days; accept within 5 days of receipt.  Except as otherwise provided in subsection 2:\nA.  A person shall either accept an acknowledged power of attorney or request a certification, a translation or an opinion of counsel under section 5‑919, subsection 4 no later than 7 business days after presentation of the power of attorney for acceptance;\nB.  If a person requests a certification, a translation or an opinion of counsel under section 5‑919, subsection 4, the person shall accept the power of attorney no later than 5 business days after receipt of the certification, translation or opinion of counsel; and\nC.  A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.\n2.  Acceptance not required.  A person is not required to accept an acknowledged power of attorney if:\nA.  The person is not otherwise required to engage in a transaction with the principal in the same circumstances;\nB.  Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;\nC.  The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;\nD.  A request for a certification, a translation or an opinion of counsel under section 5‑919, subsection 4 is refused;\nE.  The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation or an opinion of counsel under section 5‑919, subsection 4 has been requested or provided; or\nF.  The person has a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent and the person makes, or has actual knowledge that another person has made, a report to the Department of Health and Human Services regarding such beliefs.\n3.  Consequences of refusal.  A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:\nA.  A court order mandating acceptance of the power of attorney; and\nB.  Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.","path":["TITLE 18-C: PROBATE CODE","PART 9: MAINE UNIFORM POWER OF ATTORNEY ACT"],"source_url":"https://legislature.maine.gov/statutes/18-C/title18-Csec5-920.html","current_through":"October 1, 2025","vintage":"","retrieved_at":"2026-09-04T15:12:29Z","sha256":"69763bb33d70a502d0a7da5760357d339ea135724bd48ba9f44c8d46395e9b5e","source_id":"us-me","stale":false,"prev":"us-me/18-c-m.r.s.-5-919","next":"us-me/18-c-m.r.s.-5-921"},"notice":"GroundRules: Original legal text. Not legal advice."}
