18-C §5-941. Estate, trust and other beneficial interest
§5-941. Estate, trust and other beneficial interest 1. Definition. As used in this section, “estate, trust and other beneficial interest” means a trust, probate estate, guardianship, conservatorship, escrow or custodianship or a fund from which the principal is, may become or claims to be entitled to a share or payment. [PL 2017, c. 402, […]
18-C §5-942. Claims and litigation
§5-942. Claims and litigation Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Assert and maintain claim. Assert and maintain […]
18-C §5-943. Personal and family maintenance
§5-943. Personal and family maintenance 1. General authority. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: A. Perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse or […]
18-C §5-944. Benefits from governmental programs or civil or military service
§5-944. Benefits from governmental programs or civil or military service 1. Definition. As used in this section, “benefits from governmental programs or civil or military service” means any benefit, program or assistance provided under a statute, rule or regulation including Social Security, Medicare and Medicaid. [PL 2017, c. 402, Pt. A, §2 (NEW); PL […]
18-C §5-945. Retirement plans
§5-945. Retirement plans 1. Definition. As used in this section, “retirement plan” means a plan or account created by an employer, the principal or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary or owner, including a plan or account under the following sections of the federal […]
18-C §5-946. Taxes
§5-946. Taxes Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Prepare, sign and file returns and other documents. Prepare, sign and […]
18-C §5-947. Gifts
§5-947. Gifts 1. Gift. For the purposes of this section, a gift for the benefit of a person includes a gift to a trust, an account under the Maine Uniform Transfers to Minors Act and a tuition savings account or prepaid tuition plan as defined under 26 United States Code, Section 529, as amended. […]
18-C §5-951. Agent’s certification
§5-951. Agent’s certification The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY State of ………………………………………………. County of ……………………………………………. I, ……………………………………………………………. (Name of Agent), certify under penalty of perjury that …………………………………………………………. (Name of Principal) […]
18-C §5-961. Uniformity of application and construction
§5-961. Uniformity of application and construction In applying and construing this Part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] SECTION […]
18-C §5-962. Relation to Electronic Signatures in Global and National Commerce Act
§5-962. Relation to Electronic Signatures in Global and National Commerce Act This Part modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq., but does not modify, limit or supersede 15 United States Code, Section 7001(c) or authorize electronic delivery of any of […]