Maine Advance Directive Form [PDF]

An advance directive, or advance healthcare directive, as defined by Maine Revised Statutes, serves as a special power of attorney for healthcare decisions. This document enables individuals to specify their medical preferences in case they are unable to communicate them directly. 

The advance directive form combines elements of two documents—a living will and a durable medical power of attorney. Since this document pertains to critical medical decisions, including end-of-life scenarios, it's best to consult a lawyer when creating it. 

This approach ensures the advance directive is clear, legally effective, and accurately reflects your wishes. 

Signing Requirements for Maine Advance Health Care Directive

Creating a legally enforceable advance directive for healthcare under Sec. 5-803(2) requires meeting the following requirements:

Maine Advance Health Care Directive Revocation & Changing 

According to Sec. 5-803(3, 4), the Maine advance directive becomes effective when the principal is determined to lack capacity. This determination can be made by the principal’s primary physician, a court of competent jurisdiction, or a qualified mental health examiner if the directive involves mental health treatment.

As stated in Sec. 5-804, you can revoke your healthcare advance directive at any time if you have the mental capacity to do so. Revocation can be done in writing or by informing your health care provider. You can revoke any part of the directive (besides the agent) in any way that clearly indicates your intent.

If you’re revoking, it is important to inform your healthcare provider, agent, and guardian about your decision. A divorce or legal separation automatically revokes the designation of a spouse as your agent unless stated otherwise. In the end, any new directive that conflicts with an older one overrides the earlier version.

Additional Legal Considerations for the Maine Advance Health Care Directive

Sec. 5-803A allows principals in hospitals or care facilities who are isolated due to an infectious disease to sign advance health care directives remotely through 2-way audiovisual communication. The principal can instruct an individual outside their isolation to sign the document, which they then review and file with their medical record.

If a patient has no appointed agent or guardian and is in a terminal condition or persistent vegetative state, a health care decision will be made by a surrogate, according to Sec. 5-806. The surrogate can withhold or withdraw life-sustaining treatment and make other health care decisions but cannot refuse medically necessary and life-saving procedures.

As stated in Sec. 5-813, copies of a written advance health care directive, as well as any revocation or changes to the designation of a surrogate, are legally equivalent to the original documents.

How to Choose a Health Care Agent in Maine

To choose a health care agent in Maine, start by selecting someone you trust to make medical decisions for you when you cannot. This can be a family member, a close friend, or an attorney. Your agent must be at least 18 years old and capable of making sound decisions.

An agent should know your values, remain calm under pressure, and be willing to follow your wishes, even in stressful situations. Make sure to discuss the role with them beforehand so they fully understand the responsibility and are comfortable with it.

What Happens if You Don’t Have an Advance Directive in Maine?

If you don’t have an advance directive in Maine, medical decisions will be made by your family, doctors, or a court-appointed guardian. However, the person making these decisions might not know your preferences, which could lead to choices you wouldn’t want, while the doctors may follow standard procedures.

Advance care planning helps you outline your medical wishes ahead of time, ensuring that your values are respected and your health care decisions are in line with what you want.