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.
Similarly, some states distinguish between an advance directive and a living will, while others see them as one document. In some states, the terms "Advance Directive" and "Living Will" are interchangeable.
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
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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.
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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:
- Trustworthy to follow through on your intents and objectives.
- Trustworthy to stand up for you if there is a dispute over your medical care.
- He voluntarily requested to serve as your Attorney in Fact to handle your medical matters.
- He should not be your physician or a caretaker.
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.
A doctor must certify that you are incapable of making decisions for yourself and have become disabled as a result of illness or injury before an advance directive takes effect.
Note: Unless your doctor declares you incapable of understanding and communicating your intentions and consent, your Maine advance directive will not take effect in any medical crisis or emergency.
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 revocation in writing,
- A verbal revocation in front of your agent or physician,
- Tearing, burning, and obliterating or destroying the document in any other way, or
- 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
Unless the spouse was identified as an agent in the Durable Power of Attorney for Healthcare, the divorce, annulment of marriage, or legal separation will immediately revoke the healthcare agent's authority. Divorce from the spouse has no bearing on the legality of the Maine Advance Directive.
You can include a Special Instruction to your advance healthcare directive stating that you do not want the Advance Directive to be affected by marriage or divorce.
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.
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.
Part 3: Donation of organs
Part 4: Primary Physician
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.
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.
