Who Decides Without a Directive

When the primary physician finds a patient lacks capacity and there is no agent or guardian available, a surrogate may make health care decisions. A surrogate may not refuse lifesaving, medically necessary surgery or procedures, and may withhold life-sustaining treatment only for a terminal condition or persistent vegetative state.

• First, the spouse, unless legally separated, then an adult in a relationship like a spouse's.
• Then an adult child, a parent, an adult brother or sister, an adult grandchild, an adult niece or nephew, an adult aunt or uncle, and any adult relative familiar with the patient's values.
• If none is reasonably available, an adult who has shown special concern for the patient and knows the patient's values.

• 18-C M.R.S. § 5-806StatuteDecisions by surrogateOpens legislature.maine.gov ↗