An Advance Health Care Directive

An adult with capacity may give an individual instruction about health care, in writing or spoken to a health care provider or a would-be surrogate, and may sign a power of attorney naming an agent to make any decision the person could have made.

• The power of attorney for health care is in writing, signed by the person and 2 witnesses, in person rather than electronically.
• Unless it says otherwise, the agent's authority begins when the person is found to lack capacity, and ends if capacity returns.
• The agent follows the person's instructions and known wishes, and otherwise the person's best interest.

• 18-C M.R.S. § 5-803StatuteAdvance health care directivesOpens legislature.maine.gov ↗

Naming an agent is undone only by a signed writing or by telling the supervising provider in person; the rest of a directive may be revoked in any way that shows the intent. A divorce or legal separation revokes a spouse's designation as agent.

• 18-C M.R.S. § 5-804StatuteRevocation of advance health care directiveOpens legislature.maine.gov ↗