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An Act To Amend the Law Regarding Temporary Powers of Attorney over Minors and Incapacitated Persons
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §5-104, sub-§(a), as amended by PL 2011, c. 43, §1, is further amended to read:
 
(a).   A parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 12 months, any of that parent's or guardian's powers regarding care, custody or property of the minor child or ward, except the power to consent to marriage or, adoption of a minor ward, the performance of an abortion procedure on or for the minor or the incapacitated person or the termination of parental rights to the minor. A delegation by a court-appointed guardian becomes effective only when the power of attorney is filed with the court. A delegation of powers under this section does not deprive the parent or guardian of any parental or legal authority regarding the care and custody of the minor or incapacitated person.
Sec. 2.  18-A MRSA §5-104, sub-§(c)  is enacted to read:
 
(c).    The execution of a power of attorney by a parent or guardian under subsection (a) does not constitute abandonment, abuse or neglect unless the parent or guardian fails to take custody of the minor or incapacitated person or execute a new power of attorney after the power of attorney is terminated. If the power of attorney is terminated, the minor or incapacitated person must be returned to the custody of the parent or guardian as soon as reasonably possible. Unless the power of attorney is terminated, the agent named in the power of attorney shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney authorized by subsection (a) and is not subject to any laws regarding the licensure or regulation of foster care homes. A minor may not be considered to be placed in foster care by virtue of the execution of a power of attorney under this section.
 
SUMMARY
This bill amends current law allowing a parent or guardian to execute a temporary power of attorney for up to 12 months, delegating the powers regarding the care and custody of a child or incapacitated person, by doing the following:
1. Limiting the power of attorney to exclude the parent or guardian's powers regarding the performance of an abortion for the minor or the incapacitated person or the termination of parental rights to the minor;
2. Clarifying that executing this temporary power of attorney does not deprive the parent or guardian of any parental or legal authority regarding the care and custody of the minor or incapacitated person;
3. Clarifying that a parent or guardian's granting of this temporary power of attorney does not constitute abandonment, abuse or neglect, if the parent or guardian either executes a new power of attorney or takes custody of the child or incapacitated person as soon as reasonably possible after the termination of the temporary power of attorney;
4. Providing that the agent with the power of attorney may not receive compensation; and
5. Clarifying that this power of attorney does not implicate the laws regarding foster care.