Living Will Maine: Advance Directive Forms and Requirements

What Maine Calls a "Living Will"

Maine doesn't use the term "living will" in its statutes. What most people mean when they search for a Maine living will is the Advance Health Care Directive, governed by the Uniform Health Care Decisions Act (18-C M.R.S. § 5-801 to § 5-818).

This single document serves two functions that some states split into separate instruments:

1. Healthcare power of attorney — Names an agent to make medical decisions when the parent is determined to lack capacity, unless the directive specifies otherwise.
2. Living will instructions — Specifies the parent's preferences on life-sustaining treatment, artificial nutrition, and comfort care.

Combining both functions into one form simplifies things, but it means the execution requirements apply to the whole package — miss a witness and neither the agent appointment nor the treatment preferences are valid.

Execution Requirements: Witnesses, Not a Notary

The signing rules for a Maine advance directive differ from the financial POA:

• Two independent adult witnesses required — Both must be present when the principal signs. The named healthcare agent cannot serve as a witness.
• Notarization is not required — Maine statute does not mandate notarization for the advance directive. That said, notarizing the document can help with acceptance across state lines if the parent travels or receives care in another state.

There is also a practical restriction on who may serve as agent: unless the agent is related to the parent by blood, marriage, or adoption, the agent cannot be an owner, operator, or employee of any residential, long-term care, or healthcare facility where the parent currently receives care. This prevents institutional conflicts of interest.

Where to Get Maine Advance Directive Forms

Two reliable sources for the standard Maine form:

• Maine Hospital Association (MHA) — Publishes the most widely recognized advance directive form, used by most hospitals and physicians statewide.
• Legal Services for Maine Elders (LSE) — Offers an interactive version and assistance for residents aged 60 and older at 1-800-750-5353.

Both forms are free. The forms themselves are the easy part — the harder piece is understanding what decisions the directive actually governs, filling in the treatment preferences thoughtfully, and making sure the document reaches the right people.

What the Advance Directive Covers (and Doesn't)

A Maine advance directive gives the named agent authority over:

• Consent to or refusal of medical treatment, surgery, and diagnostic procedures
• Decisions about life-sustaining treatment and artificial nutrition/hydration
• Access to medical records under HIPAA
• Choice of healthcare providers and facilities
• Organ donation preferences

It does not cover:

• Financial decisions — Bank accounts, bill-paying, and real estate require a separate Durable Financial Power of Attorney. A MaineCare application can also use a DHHS authorized-representative appointment.
• Social Security benefits — The SSA has its own Representative Payee system, entirely independent of any state directive.

Getting the Directive to the Right People

A signed advance directive sitting in a filing cabinet doesn't help during a midnight ER visit. Maine hospitals check for directives on admission, but they can only find documents they've been given.

Distribute copies to:

• The named healthcare agent (primary and alternate)
• The parent's primary care physician
• Any specialist the parent sees regularly
• The admissions office of any facility the parent enters
• The parent's medical file at their hospital system

Maine does not have a statewide electronic registry for advance directives, so physical (or digital) distribution is entirely on the family.

The Capacity Question

Like the financial POA, an advance directive requires the parent to understand what they're signing at the moment of execution. A parent with mild cognitive impairment or early-stage dementia can still execute a valid directive if they comprehend the nature of the document and the decisions it covers.

Once capacity is fully lost, the family cannot create a new directive. If no agent is available, Maine's surrogate rules may apply for some health care decisions; broader or ongoing authority may require a court-appointed guardian.

The Maine Power of Attorney & Guardianship Kit walks through both the advance directive and the financial POA in one coordinated sequence, including a capacity documentation checklist so the signing session produces a defensible paper trail.

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