Medical Power of Attorney in Maine

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.

An adult or emancipated minor with capacity may give health care instructions (orally to a provider, or in writing) and may sign a power of attorney for health care. The power of attorney for health care must be in writing and signed in person by the principal and 2 witnesses (not electronically). Unless the document says otherwise, the agent's authority starts when the principal is found to lack capacity.

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.

A Maine power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is not valid unless acknowledged before a notary public or other person authorized by law to take acknowledgments. A durable power of attorney is not valid unless it contains the "Notice to the Principal" and "Notice to the Agent" set out substantially in the statute (18-C M.R.S. 5-905). For health care, 18-C M.R.S. 5-805 provides an optional "Advance Health Care Directive" form, which must be signed and dated by you and signed by 2 other individuals as witnesses.