Sec. 1. 18-A MRSA §5-510 is enacted to read:

§5-510.__Revocation of durable power of attorney; notice required

If a principal wishes to revoke a durable power of attorney, the principal must deliver written notice of the revocation to the attorney-in-fact.__Upon receipt of such written notice, if the attorney-in-fact questions the competency of the principal to make such a determination, the attorney-in-fact may petition the court for an opportunity to produce information bearing on the principal's competency.

SUMMARY

This bill requires that if a person who has signed a durable power of attorney wants to revoke it, that person must provide notice in writing to the attorney-in-fact designated in the power of attorney. If the attorney-in-fact questions the competency of the person to revoke the power of attorney, the attorney-in-fact may petition the court for an opportunity to produce evidence bearing on the person's competency.