Living Wills and Advance Directives in Maine

Maine follows the Uniform Health Care Decisions Act. An adult or emancipated minor with capacity may give an 'individual instruction' about their own health care, including life-sustaining treatment and artificial nutrition and hydration. It may be oral (made to a health care provider or a person who could serve as surrogate) or written, and may be limited to take effect only if a specified condition arises. The statute includes an optional 'Advance Health Care Directive' form that covers instructions, naming an agent, organ donation and a primary physician; any other form may be used.

Maine calls it a 'power of attorney for health care.' It must be in writing and signed by the principal and two witnesses, all signing in person (not electronically). It stays in effect if the principal later loses capacity and may include individual instructions. Unless the document says otherwise, the agent's authority begins when the primary physician or a court determines the principal lacks capacity. An agent who is not a relative may not be an owner, operator or employee of a residential long-term care institution where the principal is receiving care. A designation of an agent can be revoked by a signed writing or by personally telling the supervising health care provider.