General Power of Attorney for Care and Custody of Child or Children - Maine 2025

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More often than not, our clients opt for the General Durable Power of Attorney (a mix of the Durable and General Power of Attorney) for its ease of use by the Agent, and sustainability over the lifetime of the Prinicipal.
Limitations; health care; finances. Unless authorized by the court by specific order, a guardian for an adult does not have the power to revoke or amend a power of attorney for health care or an advance health care directive or power of attorney for finances executed by the adult.
Under a power of attorney for a child, the person caring for your child is able to act as a parent or guardian in your absence. However, the power of attorney document does not terminate your parental rights or transfer custody to the agent and does not prevent you from continuing to make decisions for your child.
Guardianship: Often necessary when someone is severely incapacitated and cannot make even basic decisions for themselves. Power of Attorney: Suitable when someone wants to plan ahead and designate someone to manage their affairs if they become incapacitated, but still retain control while they have capacity.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
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Power of Attorney allows individuals to choose their representative, whereas guardianship grants broader authority to the legal guardian, which is crucial when the individual cannot manage their own affairs. Understanding these differences helps in making informed choices about the best option for your needs.

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