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Free Maine Medical Power of Attorney Form

A Maine medical power of attorney appoints an agent to make any health care decision you could make yourself. Complete it with our guided form, then sign it in person with two witnesses.

  • Download as PDF and Word
  • E-sign included

How It Works

1

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2

Fill In Your Details

Answer a few simple questions to customize your form.

3

Get Your Form

Download or print your custom document in PDF or Word.

What Is a Medical Power of Attorney in Maine?

Maine calls this a power of attorney for health care, one form of advance health care directive under Title 18-C of the Maine Probate Code. Adults and emancipated minors with capacity can sign one.

Maine's Uniform Health Care Decisions Act

Section 5-803 of Title 18-C sets the core requirements.

Two Witnesses Sign With You

Your Maine medical power of attorney must be in writing and signed by you and two witnesses. There is no notary option in this section, so the witnesses are the only route.

Facility Staff Limits

An owner, operator, or employee of a residential long-term health care institution where you receive care cannot be your agent. Relatives by blood, marriage, or adoption are the exception.

When Your Agent Steps In

Unless you say otherwise, your agent’s authority begins once you are found to lack capacity and ends if you recover.

Who Decides You Lack Capacity

That determination comes from your primary physician or a court, unless your directive names another method. For a directive that authorizes mental health treatment, a qualified examiner under Maine’s mental health law can also decide.

Can You Sign a Maine Medical Power of Attorney Electronically?

No. Maine law says the signatures of the principal and witnesses must be made in person and not by electronic means. That rule applies notwithstanding any law validating electronic or digital signatures.

In practice, gather everyone in one place with paper and pen. An e-signature platform is not an option for a Maine medical power of attorney.

Your Agent Can See Your Records

Maine makes your agent your personal representative under HIPAA. That gives them the same rights you have to your health information and medical records. Tell your providers who your agent is so they know to share information.

How to Sign Your Maine Medical Power of Attorney

Complete your Maine medical power of attorney form in this sequence:

  1. Name your agent and an alternate.
  2. Add any instructions, including mental health treatment wishes if you want them.
  3. Nominate a guardian of the person, if you choose.
  4. Arrange for two witnesses to be physically present.
  5. Sign with ink, then have both witnesses sign.
  6. Give copies to your agent, your primary physician, and any care facility.

What to Include in Your Maine Form

Maine publishes an optional form in section 5-805 that you may, but need not, use. You can complete or modify all or part of it. A thorough document usually includes:

  • Your agent and alternates
  • Individual instructions about treatment
  • Any directions about mental health treatment
  • An optional nomination of a guardian of the person

Your agent follows your instructions and known wishes first, then your best interest and personal values. No judge needs to sign off on the choices your agent makes.

Maine also accepts a directive that complies with its law no matter when or where it was signed. A directive valid under the law of the state where you signed it is valid in Maine too.