A Power of Attorney (POA) is a legal document that grants a trusted individual—known as the agent or attorney-in-fact—the authority to act on behalf of another person, called the principal. This authority can apply to various responsibilities, including making financial decisions, managing property, overseeing legal matters, and sometimes making medical decisions. The POA is commonly used when a person cannot act on their behalf due to absence, illness, incapacity, or task complexity.

The power of attorney is crucial in protecting the principal's interests. It ensures that someone the principal trusts can make timely and informed decisions. Creating a valid power of attorney requires compliance with state-specific requirements in Maine. The principal must sign the form, be acknowledged by a notary public, and witnessed by two individuals who are not named as agents. These formalities provide legal assurance that the principal's decision to grant authority is informed and voluntary.

Depending on the scope and duration of authority granted, there are different types of power of attorney arrangements. Some are limited to specific tasks or times, while others may remain in effect even if the principal becomes incapacitated. In all cases, the POA document must clearly define the responsibilities delegated to the agent. The attorney-in-fact is legally obligated to act in the principal's best interest and within the boundaries of the authority provided in the document.

A well-structured POA helps prevent confusion, conflict, and delays when making important decisions. A power of attorney guarantees the uninterrupted and uncertain continuation of the principal's affairs, whether it involves appointing someone to handle legal services, manage finances, or navigate complex medical issues.

Understanding the Maine Power of Attorney Form

A Maine tax power of attorney grants a trusted individual—usually an accountant or tax attorney—the legal authority to represent a taxpayer in dealings with Maine Revenue Services. This authorization is executed using Form 2848-ME, which formally appoints one or more representatives to handle specific tax matters on behalf of the taxpayer. The scope of this representation includes receiving and reviewing confidential tax information, managing filings, and communicating directly with tax officials.

The authority granted through this form is limited to tax-related tasks. The representative may act on behalf of the taxpayer to resolve audits, file returns, respond to tax notices, or negotiate payment arrangements. However, the taxpayer must identify the types of taxes involved—such as individual income tax or corporate tax—and the exact tax years the representative is allowed to manage. Without this specificity, Maine Revenue Services will reject the form.

It's important to note that the Maine tax power of attorney does not give the agent unrestricted legal authority. The power is confined to the duties and times specified on the form. Additionally, the representative cannot delegate their authority to someone else. While the form authorizes meaningful action on the taxpayer's behalf, it does not override the taxpayer's ability to continue managing their tax matters unless otherwise limited.

By completing Form 2848-ME correctly, a taxpayer ensures that their chosen representative has the legal standing to manage sensitive financial matters with the state. This can be particularly helpful during complex filings, dispute resolution, or when the taxpayer cannot manage communications directly. In such cases, the Maine tax power of attorney provides a formal, efficient solution to authorize action and streamline interactions with the state tax agency.

Who Can Use Form 2848-ME

Form 2848-ME can be used by a wide range of taxpayers who need to authorize someone to act on their behalf before Maine Revenue Services. The form also specifies who can serve as a representative.

Eligible taxpayers

  • Individual taxpayers

Any person who files income taxes in Maine may use Form 2848-ME to appoint an agent for assistance with audits, disputes, or filings.

  • Married couples filing jointly

If both spouses wish to appoint the same representative, they must both sign the same Form 2848-ME.

  • Business entities

Corporations, partnerships, LLCs, and other entities registered in Maine can use this form to appoint an individual to represent them in tax matters. The person signing must have legal authority, such as an officer or managing member.

  • Fiduciaries

Executors, trustees, guardians, and estate administrators may file this form to designate a representative for taxes owed or administered by the estate or trust.

  • Participants in low-income or student clinic programs

Some eligible taxpayers may receive representation from a student tax clinic program, where a supervised law or accounting student is authorized to assist with tax matters under guidance.

Eligible representatives

  • Individuals only, not organizations

The form requires that representatives be named individuals—not businesses or firms. For example, you may list a lawyer from a tax firm but not the firm itself.

  • Accountants, attorneys, and enrolled agents

Typical representatives include an accountant, a tax attorney, or an enrolled agent licensed to represent taxpayers before state tax authorities.

  • Multiple representatives allowed

The form permits you to list more than one individual, each of whom will have equal authority unless limitations are specified in it.

Form 2848-ME ensures that only properly authorized individuals can act on a taxpayer's behalf. Understanding who can file the form and who can be appointed helps avoid errors that could result in rejected submissions or processing delays.

What Authority Does It Grant?

Form 2848-ME gives the representative meaningful powers to act on the taxpayer's behalf, but those powers are limited to specific tax matters and timeframes. Understanding the scope of this authority is essential to avoid confusion and ensure the representative's actions remain within legal boundaries.

Access to confidential tax information

  • The form authorizes the representative to view and receive confidential tax information related to the tax years and matters listed.
  • This may include account transcripts, filing history, correspondence from Maine Revenue Services, and pending assessments or liabilities.

Representation before Maine Revenue Services

  • The representative may communicate directly with Maine Revenue Services to resolve tax matters, respond to notices, and submit documentation.
  • They can participate in audits, hearings, appeals, and negotiations related to the taxpayer's account.

Financial and administrative action

  • The representative can make certain financial decisions on behalf of the taxpayer, such as negotiating installment agreements or settling outstanding liabilities.
  • While they can manage administrative steps in resolving disputes or penalties, they cannot sign tax returns unless the form includes specific language granting that authority.

Limitations of authority

  • Form 2848-ME does not allow the representative to delegate authority to another person.
  • The powers granted do not extend beyond the specific tax types and years listed. If no years or types are specified, the form will be rejected.
  • Many notices and tax communications from Maine Revenue Services will still be sent directly to the taxpayer, not the representative.
  • The form does not grant legal standing for non-tax-related matters and cannot be used to make medical or general financial decisions.

By properly completing and submitting Form 2848-ME, the taxpayer grants their agent narrowly defined but legally enforceable authority. This ensures that tax matters can be handled efficiently without overstepping the taxpayer's control or rights.

When to Use the Maine Tax POA

Form 2848-ME is not required in all tax interactions, but it becomes essential when someone other than the taxpayer needs to manage or communicate with Maine Revenue Services. The following are everyday situations where the form is appropriate and often necessary.

During a tax audit

If Maine Revenue Services initiates an audit, a taxpayer may use this form to authorize a representative—such as an accountant or tax attorney—to manage all audit communications, provide records, and advocate on their behalf.

To resolve tax disputes or assessments

When a taxpayer disagrees with an assessment or penalty, a representative can help prepare a response, request abatement, or appeal the determination directly with the state.

For payment plan negotiations

Taxpayers who cannot pay their balance in full may authorize a representative to negotiate an installment agreement or settlement that fits their financial situation.

When facing tax liens or collections

If the state has issued a lien or initiated collection action, a tax power of attorney enables a representative to intervene, propose a resolution, and manage any follow-up required to lift the lien.

For business or multi-jurisdictional filings

Business owners or individuals with complex financial matters often appoint a professional to handle filings, track compliance, and interact with Maine Revenue Services across multiple tax types and years.

If the taxpayer is unavailable or unable to act

Taxpayers out of state, temporarily incapacitated, or facing language or literacy barriers may use this form to ensure their tax obligations are addressed promptly.

When working with a student tax clinic program

Qualifying individuals may authorize a representative from a student tax clinic to handle specific tax issues under supervision, particularly for audits or controversy resolution.

Using Form 2848-ME in these scenarios, taxpayers maintain compliance, avoid miscommunication, and ensure their interests are represented effectively by a trusted agent.

How to Complete Form 2848-ME

Completing Form 2848-ME accurately ensures that Maine Revenue Services accepts the authorization and that your representative can act on your behalf. Follow these steps carefully to avoid delays or rejections.

  1. Enter taxpayer information

Begin by providing your full legal name, Social Security Number or federal Employer Identification Number (EIN), and your current mailing address and telephone number. If you are filing jointly with a spouse and both of you want to appoint the same representative, include both names and Social Security Numbers.

  1. Identify your representative(s)

List the full legal name of the individual(s) you authorize. You must include a complete address and contact information for each person. You can name multiple representatives, but they must be individuals, not businesses, law firms, or accounting firms.

  1. Specify the tax matters and years covered

List the tax types (such as income tax, sales tax, or corporate tax) and the specific tax years or periods for which the representative will be authorized. Vague entries like "all years" or "all taxes" will result in the form being rejected. If uncertain, consult an accountant or tax attorney for help identifying the correct years and forms.

  1. Describe any limitations on authority (if applicable)

If you want to limit your representative's ability—for example, to only view your tax records without making decisions—use this section to describe those restrictions. Otherwise, the default assumption is that the representative has full authority for the tax types and periods listed.

  1. Decide whether to revoke any previous POAs

By default, filing a new Form 2848-ME revokes all prior powers of attorney for the same tax years and matters. If you wish to retain an earlier POA in addition to the new one, check the box in this section and attach a copy of the previously filed POA that you want to remain valid.

  1. Sign and date the form

The taxpayer must sign and date the form. Both must sign if the form is for a jointly filed return and both spouses wish to authorize the representative. If a business or estate is involved, the person signing must include their title (such as managing member or executor).

  1. Have the representative complete their declaration

Each representative must sign and date the declaration at the bottom of the form. They must indicate their professional designation (if applicable), such as CPA, attorney, or enrolled agent, and specify their licensing jurisdiction.

Before submitting, review the form for accuracy. Even minor errors—like a missing date or an incomplete field—can result in rejection. Print clearly or use a fillable PDF from the Maine Revenue Services website to ensure legibility.

Durable Power of Attorney

A durable power of attorney is a legal document that remains in effect even if the person who created it—the principal—becomes mentally or physically incapacitated. In Maine, this form is often used to plan for when a person can no longer make their own decisions due to illness, injury, or age. The durable power of attorney allows the principal to appoint someone they trust, known as the agent, to manage important responsibilities on their behalf.

Unlike limited or general POAs, which may expire or lose validity upon the principal's incapacity, a durable power of attorney remains legally binding. It typically authorizes the agent to handle financial matters such as paying bills, managing investments, filing tax returns, or even operating a business. Depending on the document's wording and whether it overlaps with an advance directive, the agent may also be allowed to make medical decisions.

In Maine, a durable power of attorney must be completed with careful attention to formality. The document must be signed by the principal and acknowledged by a notary public. Two disinterested witnesses must also be present to observe the signing, helping ensure that the document reflects the principal's true intentions. These added legal steps are designed to protect the principal and minimize the risk of abuse or fraud.

It's important to note that Form 2848-ME, which is used for tax matters, is not a durable power of attorney. While both documents authorize someone to act on another person's behalf, the tax form is narrow in scope. It allows a representative—often an accountant or tax attorney—to act only in dealings with Maine Revenue Services and only for the tax years and matters specified. If the taxpayer becomes incapacitated, it ceases to exist unless a broader durable POA is also in effect.

A durable power of attorney offers critical protection for individuals who want to ensure continuity in financial management and medical care, especially when a trusted family member is appointed to make decisions. When used alongside other documents like a tax power of attorney or an advance directive, it can form the foundation of a comprehensive long-term planning strategy.

Submitting the Form

After completing Form 2848-ME, taxpayers must submit it to Maine Revenue Services through one of several accepted channels. While the online method is recommended for faster processing, the form can also be mailed, emailed, or faxed, depending on the nature of the tax issue and the division handling it.

The most efficient way to submit Form 2848-ME is through the Maine Tax Portal. Taxpayers can log in using their account credentials, navigate to the "Account Management Requests" section, and upload the signed form under the "Add a Power of Attorney" option. This method provides an immediate confirmation number and helps ensure the form is routed to the correct department.

When filing by mail, it is essential to use the correct address and allow additional processing time. Mailing is often used for routine filings or when a taxpayer prefers paper documentation. Email and fax submissions are generally reserved for cases where the taxpayer is already working with a specific division or representative at Maine Revenue Services. When using email or fax, sending the form to the correct department is essential to avoid delays.

Submission Options

  • Online: Submit through the Maine Tax Portal, which offers the most efficient processing and an instant confirmation.
  • Mail: Send the form to:

Maine Revenue Services

P.O. Box 1060

Augusta, ME 04332-1060

  • Email or Fax: Only submit this way if instructed by a specific division. Contact information is available on the MRS contact page.

Regardless of the method used, taxpayers should retain a copy of the signed form and, if possible, a confirmation of submission. Using certified mail or requesting a delivery receipt can help document proof of submission for future reference.

How to Revoke or Update a Tax POA

There are several ways to revoke or update a previously filed Form 2848-ME, depending on whether the taxpayer wants to remove a representative completely or replace them with someone new. In Maine, submitting a new Form 2848-ME is the most common way to revoke a prior tax power of attorney, but a formal written revocation is also allowed.

When a taxpayer files a new Form 2848-ME for the same tax matters and years, it automatically revokes any prior POAs on file with Maine Revenue Services—unless the taxpayer specifically indicates that a previous POA should remain in effect. This is done by checking the appropriate box on the new form and attaching a copy of the prior POA that the taxpayer wishes to retain.

If a taxpayer no longer wants any representative to act on their behalf and does not intend to appoint a new one, they may submit a signed written statement to Maine Revenue Services that clearly identifies the previous POA being revoked. The statement must include the taxpayer's name, tax identification number, and the name of the representative being removed.

Representatives may also withdraw themselves by submitting a signed and dated statement to the state. In both cases, it's recommended to retain a copy of the revocation or withdrawal for personal records.

Ways to revoke or update Form 2848-ME

  • File a new Form 2848-ME: This automatically revokes prior forms for the same tax periods unless retention is explicitly requested.
  • Submit a written revocation: Send a letter to Maine Revenue Services with your identifying information and a clear statement revoking the previous authorization.
  • Representative withdrawal: A representative may withdraw by notifying the state in writing with a signed and dated statement.
  • Attach prior POAs to preserve them: If you want multiple POAs to remain active, you must include a copy of each prior form you wish to keep and check the relevant box on the new submission.

Processing times for revocations vary based on how the form is submitted. Online submissions are generally processed more quickly, while mailed revocations may take longer. For clarity and peace of mind, always keep copies of what you submit and request confirmation when possible.

Common Errors to Avoid

Submitting Form 2848-ME with mistakes can delay processing, invalidate the appointment of your representative, or prevent action on your tax matter. The following are common errors taxpayers should take care to avoid:

  • Using the federal IRS Form 2848 instead of the Maine-specific version

The IRS form cannot be used to authorize representation before Maine Revenue Services and will be rejected.

  • Listing a business or law firm as the representative instead of an individual person

The form requires you to name a specific individual—such as a lawyer, accountant, or agent—not the firm or organization they work for.

  • Failing to specify tax types and years

The form must clearly list the tax types (e.g., income tax, sales tax) and exact tax periods covered. General terms like "all years" or "all taxes" will result in rejection.

  • Leaving required sections incomplete

A missing Social Security Number, address, or signature—either from the taxpayer or the representative—will prevent the form from being accepted.

  • Submitting outdated versions of the form

Always download the current version of Form 2848-ME from the official Maine Revenue Services website to ensure compliance with the latest requirements.

  • Forgetting to attach prior POAs when retaining multiple representatives

If you wish to retain an older POA while adding a new one, make sure to check the box and attach a copy of the previous form. Otherwise, the older one will be automatically revoked.

  • Providing outdated contact information for the taxpayer or representative

If mail or communication cannot be delivered, this can cause delays and may require resubmission of the form.

By double-checking the form before submission and reviewing Maine Revenue Services' instructions carefully, taxpayers can reduce the risk of rejection and ensure their appointed representative is legally authorized to act.

FAQs

Does Form 2848-ME authorize federal tax representation with the IRS?

Form 2848-ME is only valid for representation before Maine Revenue Services. If you need someone to represent you before the IRS, you must use the federal Form 2848.

Can I have multiple power of attorneys on file simultaneously?

Yes, you may have multiple POAs on file if they apply to different tax matters or periods. To retain a prior POA when filing a new one, check the appropriate box on the form and attach a copy of the earlier authorization.

Can I appoint a law firm or accounting firm as my representative?

You must appoint an individual person, such as an accountant or tax attorney. The form does not permit firms or organizations to be named as representatives.

Do I need to live in Maine to use this form?

Any taxpayer with a tax obligation to the State of Maine can use Form 2848-ME, regardless of where they live.