A Maine medical power of attorney allows you (the “principal”) to select someone (the “agent”) to make decisions about your healthcare treatment in the event that you’re unable to do so.
In Maine, the power of attorney for health care is also be known as:
- Health care proxy form
- Durable medical power of attorney
- Advance directive
- Advance health care directive
Laws: Title 18-C of the Maine Probate Code, specifically, Article 5: Maine Uniform Guardianship, Conservatorship, and Protective Proceedings, Part 8: Uniform Health Care Decisions Act, covers medical power of attorney law in Maine.
After creating your medical power of attorney, consider creating the following related documents as well:
- Living Will: This document addresses end-of-life care decisions, outlining your specific wishes.
- Maine (Financial) Power of Attorney: This document allows an individual to make important financial decisions for you, such as buying or selling items, collecting debts, managing a business, cashing checks, filing a lawsuit, and other general financial matters.
How to Fill in a Medical Power of Attorney in Maine
Step 1: Choose an agent
Who should you choose as an agent?
You can choose any adult or emancipated minor to act as an agent.
Choose an agent you trust as this individual will have the power to make critical, life-determining decisions about you and your medical care.
Relevant law: §5-803
Who can’t be your agent?
The agent cannot be an employee, owner, or operator of a residential long-term care facility where you’re receiving care unless they’re related to you by blood, marriage, or adoption.
Consider choosing someone you trust and know, such as your attorney, someone from your place of worship, or a close friend or family member. It’s important to choose someone who shares your views and values about life and medical treatments.
Relevant law: §5-803
Can you have more than one agent?
Yes, Maine law also provides for up to two co-agents who can act independently (by default) or jointly (if stated in the power of attorney document).
In addition, you can also choose one or more successor agents, who can act if your primary agent:
- dies,
- resigns,
- is incapacitated,
- is unable to serve,
- or declines to serve.
Successor agents have the same authority as your primary agent and cannot act unless the primary agent is disqualified to serve for any of the reasons stated above.
Relevant law: §5-805 and §5-911
Step 2: Specify what healthcare decisions your agent can make
Can you limit your agent’s powers?
Yes, you have the right to limit your agent’s powers. You also have the right to change the healthcare decisions you allow an agent to make at any time.
Relevant law: §5-802
What is your agent legally unable to do?
Your agent must also act in good faith and only within the scope of your granted authority. Agents cannot create a conflict of interest that impairs their ability to act in your best interests.
Relevant law: §5-914
When can your agent start making decisions for you?
The medical power of attorney becomes effective when it’s executed unless a future date is included in the agreement.
However, your agent can only begin making decisions in most cases after a physician has determined that you are incapacitated, or otherwise unable or unwilling to make relevant decisions.
Incapacity is defined as when you’re impaired due to physical illness or disability, mental illness, mental deficiency, chronic drug use, or chronic intoxication.
Relevant law: §5-909
Step 3: Sign the form
Do you need witness or notary signatures?
Yes. Maine law requires you to have two witnesses sign your medical power of attorney form. However, your form does not need to be notarized.
Relevant law: §5-805
Who can’t be a witness?
Your agent cannot be a witness.
Relevant law: §5-805
How long is your Maine medical power of attorney effective?
Your medical power of attorney is effective indefinitely once it has been signed. It remains in effect until you revoke it or you regain the ability to make healthcare decisions for yourself.
Relevant law: §5-803
How to Revoke a Maine Medical Power of Attorney
To revoke a medical power of attorney (MPOA) in Maine, you must have the capacity to make your own decisions and revoke the MPOA in writing or personally informing the health care provider.
The MPOA can be revoked in total or in part.
If an agent is your spouse and your marriage ends in divorce, annulment, dissolution, or legal separation, the power of attorney is revoked unless otherwise specified in the MPOA document or the decree.
Relevant law: §5-804