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Advance Healthcare Directive Maine 

Advance Healthcare Directive Maine 

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

8 Mins

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When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive. 

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably. 

In this article, you will get a complete guide for making an Advance Directive for Healthcare in Maine. 

Legal Requirements for a valid Advance Directive

  • Written by the grantor/declarant (i.e. the maker of an Advance Directive): Yes
  • Grantor must be:
  • Above the age of 18 years: Yes/emancipated minor
  • Sound mind and memory: Yes
  • Signed by the grantor: Yes
  • Signed by Proxy/Agent: No
  • Proxy/agent accepts his role in writing: No
  • Witness required: Yes
  • Number of witnesses: 2
  • Signed by the witnesses: Yes
  • Number of documents required: 1 
  • Other names for a Living Will in Maine: Individual Instructions
  • Other names for a Healthcare Power of attorney in Maine: Power of Attorney for Healthcare
  • Proxy can decide on mental health issues: No

Who can be your witnesses in the Maine Advance Directive?

Anyone can be your witness in Maine if;

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.
Advance Directive Maine

Who can be your Proxy in the Maine Advance Directive?

Anyone can be your Proxy/Surrogate in Maine if;

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Who cannot be your Proxy/Surrogate:

  • if you are receiving care at a health care institution then your supervising health care provider, its operator and employee.

Unless: 

  • The proxy/surrogate is related to you by blood, marriage, or adoption.

Other than the above legal requirements, the Proxy/Agent should be:

  • Trustable to adhere to your wishes and intentions.
  • Trustable to defend you if there’s any disagreement about your medical care.
  • He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
  •  He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

Notarization required for Maine Advance Directive?

You can either get an Advance Directive executed by signing the form in presence of the witnesses or get your signature notarized by signing an acknowledgment in front of the public notary.

Learn about the requirements of Maine Last Will and Testament and Maine Last Will and Testament Template.

When does an Advance Directive come into effect in Maine?

In Maine, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. 

An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your own and have become debilitated due to illness or injury.

Note: Your Maine Advance Directive will not be effective in any medical crisis or emergency unless you are declared incapacitated to understand and communicate your wishes and consent by your doctor.

How can an Advance Directive be revoked?

The powers given to the healthcare proxy/representative under Part One of Advance Directive Form would be revoked by telling either orally or in writing to your healthcare provider.

Note: You may revoke the designation of your agent only by a signed writing or by personally informing your supervising health-care provider.

You can revoke or terminate your Maine Advance Directive (other than the designation of your agent) at anytime by:

  • A written revocation,
  • An oral revocation in presence of your agent/physician,
  • Tearing, burning, and obliterating or destroying the document in any other way,
  • Executing a new Advance Directive.

How to amend or change an Advance Directive? 

You can make changes or amend your Advance Directive at any time in Maine but once it was witnessed and signed you have to remake a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

Maine rules for changing Marital status after making your Advance Directive 

Divorce from the spouse will not make any effect on the validity of the Maine Advance Directive unless the spouse was named as an agent in the Durable Power of Attorney for Healthcare, the divorce or annulment of marriage or legal separation will revoke the healthcare agent's power with immediate effect.

If you would prefer that no effect should be there on the Advance Directive after marriage or on divorce, you may add it as a Special Instruction in your Advance Directive for healthcare. 

Parts of the Maine Advance Directive Form

Part 1: Appointment of Healthcare Agent

You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.

Maine Advance Directive Sample Form

PART 1: POWER OF ATTORNEY FOR HEALTH-CARE DECISIONS 


(1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me: 


(Name of individual you choose as agent) (address) (city) (state) (zip code) (home phone) (work phone) 


If I revoke my agent’s authority or if my agent is not willing, able, or reasonably available to make a health-care decision for me, I designate as my first alternate agent: 


(Name of individual you choose as first alternate agent) (address) (city) (state) (zip code) (home phone) (work phone) 


If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health-care decision for me, I designate as my second alterna…

…..

Part 2: Treatment Preferences (Living Will)

This section states your wishes regarding medical care when your doctor determines that either 

  • that you are terminally ill and to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or 
  • that you are in a persistent vegetative state.

Maine Advance Directive Sample Form

PART 2:  INSTRUCTIONS FOR HEALTH CARE 


[   ] I Choose NOT To Prolong Life I do not want my life to be prolonged if 

(i) I have an incurable and irreversible condition that will result in my death within a relatively short time, (ii) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or 

(iii) the likely risks and burdens of treatment would outweigh the expected benefits, OR 

[   ] I Choose To Prolong Life I want my life to be prolonged as long as possible within the limits of generally accepted health-care standards. 


(7) ARTIFICIAL NUTRITION AND HYDRATION: Artificial nutrition and hydration must be provided, withheld or withdrawn in accordance with the choice I have made in paragraph (6) unless I mark the following box. 

If I mark this box [   ], artificial nutrition and hydration must be provided regardless of my condition and regardless of the choice I have made in paragraph (6). 


(8) RELIEF FROM PAIN/DISCOMFORT: If I mark this box [   ], I direct that treatment to

…..

Part 3: Donation of organs

Maine Advance Directive Sample Form

PART 3: DONATION OF ORGANS AT DEATH 


Upon my death: (mark applicable box) 

[   ] (a) I do not give any needed organs, tissues, or parts, OR 

[   ] (b) I give the following organs, tissues, or parts only 

My gift is for the following purposes: (strike any of the following you do not want) 

(i) Transplant 

(ii) Therapy 

(iii) Research 

(iv) Education

Part 4: Primary Physician

Maine Advance Directive Sample Form

PART 4 : DESIGNATION PRIMARY PHYSICIAN


I designate the following physician as my primary physician: 


(name of physician) (address) (city) (state) (zip code) (phone) 


If the physician I have designated is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician: 


(name of physician) (address) (city) (state) (zip code) (phone) 

Part 5: Execution

You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required. 

Maine state laws require the grantor to sign the form in presence of  witnesses or he can give an acknowledgment before the public notary. 

Maine Advance Directive Sample Form

PART 5 : EXECUTION


Sign and date the form here: 


(signature) (date) (name) (address) 


Witness 1: 


(signature) (date) (name) (address) 


Witness 2:

(signature) (date) (name) (address) 

Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records. 

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

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Frequently Asked Questions

What makes an advance decision invalid?

An advance decision may only be considered valid when you're aged 18 and have the capacity to make and understand your decision when you made it and its consequences. If these conditions are not fulfilled, your Kentucky Advance Directive will not be valid.

Does an advance directive need to be notarized in Maine?

You do not need to have a Notary Public sign your Advance Directive form to make it legal in Maine as it is not mandatory. You can simply get an Advance Directive executed by signing it in presence of the witnesses or get your signature notarized by signing it in presence of the public notary.

Do advance statements have nothing to do with mental capacity?

Advance directive documents provide how you would like to be treated in the future if you can't decide for yourself due to any disease or accident. You can only make an advance directive if you have the mental capacity otherwise it will not be honored and valid.

How do you get power of attorney in Maine?

You can use Form 2848-ME to authorize an individual to represent you, it is available at Maine Revenue Services (“MRS”). Signing this Power of Attorney (“POA”) form authorizes MRS to communicate with and provide your confidential information to the individual you name as your representative.

What are the 2 major challenges with advance directives?

Advance directives have limitations. For example, an older adult may not fully understand treatment options or recognize the consequences of certain choices in the future. Sometimes, people change their minds after expressing advance directives and forget to inform others.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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