Maine Revised Statutes Title 18-C. Probate Code § 5-920. Liability for refusal to accept acknowledged power of attorney

A. 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;

B. 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

C. A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

A. The person is not otherwise required to engage in a transaction with the principal in the same circumstances;

B. Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;

C. The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;

D. A request for a certification, a translation or an opinion of counsel under section 5-919, subsection 4 is refused;

E. 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

F. 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.

A. A court order mandating acceptance of the power of attorney; and

B. 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.