Revoking Power of Attorney Maine: How to Cancel or Change a POA

How Revocation Works Under Maine Law

Under 18-C M.R.S. § 5-910, a principal can revoke a power of attorney at any time — provided they still have cognitive capacity. The revocation must be in writing. An oral statement that "I'm taking back the power of attorney" doesn't meet the statutory requirement.

The written revocation should identify the original POA by date and name the agent whose authority is being terminated. It doesn't need to follow a specific form, but clarity matters — vagueness invites challenges.

Who Can Revoke

Only the principal (the parent who signed the POA) can revoke it voluntarily. An adult child, a spouse, or another family member cannot unilaterally cancel a POA they didn't create, even if they believe the agent is acting improperly.

If the principal has lost capacity and can no longer execute a valid revocation, an eligible person can petition the Probate Court or Superior Court under § 5-916 to review the agent's conduct and seek appropriate relief. A guardianship or conservatorship petition may be a separate route when broader authority is needed.

There's one automatic termination trigger: under Maine law, an agent's authority terminates when an action is filed for termination or annulment of the agent's marriage to the principal or for their legal separation, unless the power of attorney explicitly says otherwise.

Notification Requirements

Revoking the POA on paper isn't enough. The principal should deliver the written revocation to the agent and to every third party relying on the original. Under § 5-910, termination is not effective against the agent or another person who acts in good faith under the POA without actual knowledge of the termination.

The principal should deliver the written revocation to:

• The agent (primary and any alternates)
• Every financial institution that has a copy of the original POA
• The parent's healthcare providers if the document included healthcare provisions
• Any government agency that was relying on the POA, such as a MaineCare office. SSA has its own process for Representative Payee changes.

Recorded Documents at the Registry of Deeds

If the original POA was recorded at a county Registry of Deeds — which is required when the agent handles real estate transactions (33 M.R.S. § 201) — the revocation must also be recorded at the same Registry. An unrecorded revocation leaves the public record showing an active POA, which a title company or buyer could rely on.

Recording the revocation creates a clear chain of title and prevents the former agent from executing real estate transactions after their authority has been terminated.

Challenging an Agent's Actions

What if the family suspects the agent is misusing their authority — making unauthorized gifts, failing to pay the parent's bills, or depleting accounts? Maine law provides several mechanisms:

• Third-party petition — Under § 5-916, a person such as the principal's spouse, parent or descendant, a presumptive heir, a caregiver, or another person who demonstrates sufficient interest in the principal's welfare can petition the Probate Court or Superior Court to review the agent's conduct and seek appropriate relief.
• Court-ordered relief — The court can grant appropriate relief after reviewing the agent's conduct, which may include suspending or terminating the agent's authority.
• Liability — Under § 5-917, an agent who violates the Act is liable to the principal or the principal's successors in interest for restoring property and reimbursing attorney's fees and costs paid on the agent's behalf.

These court remedies don't depend on the principal personally bringing the petition — they are available to a person who falls within § 5-916's listed categories, which can make them practical when the principal can't act for themselves.

Replacing an Agent Without Revoking

Sometimes the principal doesn't want to revoke the POA entirely — they just want to change who holds it. Maine allows the principal to execute a new POA that explicitly revokes the prior one. The new document supersedes the old, and the same notification steps apply: deliver notice to the former agent and all institutions.

If the original POA named successor agents (Agent A, then Agent B if A can't serve), the principal can also trigger a change by removing Agent A's authority and letting the succession clause activate — but this still requires a written revocation of Agent A's appointment.

The Maine Power of Attorney & Guardianship Kit covers the full lifecycle — creating, executing, recording, and revoking POA documents — including notification checklists and the Registry of Deeds recording process.

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