Sibling Disputes Over Power of Attorney Maine: Resolution Options

Why Families Fight Over POA

Power of attorney concentrates authority in one person's hands — typically one adult child. They may control the parent's bank accounts and manage benefit applications, and — if also named in an advance directive — make healthcare decisions. The siblings who weren't chosen often feel excluded, suspicious, or blindsided, especially when the agent makes decisions they disagree with.

The trigger is usually money. One sibling notices the parent's savings declining faster than expected, questions a real estate transaction, or discovers the agent is paying themselves from the parent's accounts. Sometimes the disagreement is about care — one sibling wants the parent in a nursing facility while the agent insists on home care. Either way, the family breaks into factions, and the parent's welfare gets caught in the middle.

Challenging a Power of Attorney in Maine

Under 18-C M.R.S. § 5-916, a sibling may qualify as a presumptive heir or as a person who demonstrates sufficient interest in the parent's welfare and can then petition the Probate Court or Superior Court to review the agent's conduct. The statute lists the categories of people who may petition, so a family relationship alone does not guarantee standing.

The petition can request:

• An accounting — The court can compel the agent to provide a complete record of every financial transaction made on the parent's behalf.
• Court-ordered relief — The court can grant appropriate relief after reviewing the agent's conduct; the specific remedy depends on the case.
• 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.

The court doesn't need proof of theft to intervene. Failure to keep records, commingling the parent's funds with personal accounts, or making decisions that clearly contradict the parent's known wishes can all constitute a breach of fiduciary duty.

Contesting a Guardianship

If the parent has already lost capacity and a guardianship is pending or in place, the dispute shifts to the probate court proceeding itself. A person interested in the parent's welfare can seek to:

• Object to the guardianship petition — File a formal objection arguing the proposed guardian is unfit, the parent doesn't need guardianship, or a less restrictive alternative (like supported decision-making) would suffice.
• Nominate an alternative guardian — Propose yourself or another person as a better candidate.
• Request a Guardian Ad Litem (GAL) — Ask the court to appoint an independent advocate for the parent. The GAL investigates the family dynamics and reports to the judge. In Washington County, court-appointed GAL rates are $80/hour (capped at 5 hours).
• Challenge an existing guardian's actions — File a motion alleging the guardian is failing in their duties, and ask the court to modify, restrict, or revoke the appointment.

Contested guardianship hearings are handled in the probate proceeding. The respondent may be represented by court-appointed counsel, and the court determines which parties may present evidence and argument.

Elder Mediation as an Alternative

Before the dispute reaches court, mediation can resolve disagreements at a fraction of the cost. Maine's court system and several community organizations offer elder mediation services where a neutral third party helps siblings negotiate care arrangements, financial decisions, and authority-sharing agreements.

Mediation works best when:

• The disagreement is about care preferences, not suspected financial abuse
• Both sides are willing to participate in good faith
• The parent's wishes are known but the family can't agree on how to implement them

Mediation doesn't work when one sibling suspects the other of theft or exploitation — that should be reported to Maine Adult Protective Services at 1-800-624-8404 and may also require court intervention.

When to Involve Adult Protective Services

If the concern goes beyond family disagreement into suspected elder abuse or financial exploitation, report it to the Department of Health and Human Services, Office of Aging and Disability Services (OADS). Maine law requires certain caregivers and professionals to report, and any person who suspects abuse, neglect, or exploitation of a vulnerable adult can file a report.

OADS investigates reports and can refer cases to law enforcement. An agent's misuse of POA authority may also support civil remedies under Maine's POA rules.

Preventing the Fight in the First Place

Most POA disputes start with a lack of transparency. A few structural decisions during the planning stage reduce the risk:

• Name co-agents — Two siblings share authority, requiring both to agree on major decisions. This creates accountability but slows down routine transactions.
• Require accounting — Include a provision in the POA requiring the agent to provide regular financial statements to other family members.
• Document the parent's wishes — A written care plan signed by the parent while competent gives the agent clear direction and reduces claims that they're acting against the parent's interests.
• Name a successor — If the primary agent can't serve or is removed, a named successor prevents a guardianship fight over who takes over.

The Maine Power of Attorney & Guardianship Kit includes provisions for co-agent arrangements, successor naming, and accountability structures designed to reduce family conflict before it starts.

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