Free Maine Medical Power of Attorney Forms

Maine Medical Power of Attorney Laws

• Advance Healthcare Directives - A medical POA can be made by an adult and an emancipated minor to ensure that their medical care will not be stopped or delayed because of medical incapacity. It states: “Unless related to the principal by blood, marriage or adoption, an agent may not be an owner, operator or employee of a residential long-term health-care institution at which the principal is receiving care” (18-C ME Rev Stat §5-803.2).
• Decisions by Surrogate - The lack of POA means that a surrogate will make healthcare decisions on behalf of the patient. The following are the people who can act as a surrogate (in order of importance): spouse (unless legally separated), common-law spouse, adult child, parent, adult sibling, and an adult grandchild, among others” (18-C ME Rev Stat §5-806).

Signing Requirements in Maine

A medical POA in Maine must be signed by the principal and at least two witnesses. The document, which serves as permission for the agent to make medical decisions on behalf of the principal, must be written and physically signed rather than electronically. The law states: “The power remains in effect notwithstanding the principal's later incapacity and may include individual instructions” (18-C ME Rev Stat §5-803.2).

How To Write a Medical POA in Maine

A healthcare POA acts as a tool that allows an individual to receive medical care, especially when they start becoming ill. The steps for writing one are quite easy:

1. Choose an Agent

The agent or attorney-in-fact is the most important person in the medical POA. With the legal document, they can make decisions on behalf of the principal. It is a highly sensitive position, so principals must choose their agents wisely. In most cases, the principal will choose a trusted family member as their agent.

Principals can also choose their spouse or common-law spouse, an adult child, a parent, another adult family member, or a relative as an agent. The only challenge in electing a family member is the emotional toll for them, particularly when it comes to end-of-life decisions.

No law prohibits principals from choosing another adult with whom they share no blood relations. However, the agent cannot be someone who has ties to a healthcare facility where the principal is the client.

2. Discuss the Responsibility With Your Agent

Now that you have an agent, carefully discuss all healthcare-related matters with them. Even if the agent has the authority when the principal becomes incapacitated, they are obliged to make decisions based on what is stated in the POA. Make sure the agent understands your preferences.

Family members do not normally get paid to become an agent. However, it is a matter that is typically discussed as any agent is allowed to receive compensation for accepting the responsibility. They may also receive reimbursements for transportation, meals, and lodging expenses related to their duties.

3. Download, Fill Out, and Sign the Maine Medical POA Template

For convenience, download and fill out a printable medical POA online. As long as it is from a reliable source, it is already formatted based on Maine regulations. Be sure to include specific instructions regarding your healthcare preferences. Your agent will use the document as a basis for carrying them out.

Once you’re satisfied with the terms of your POA, physically sign the document and ask two people to witness the creation of the POA. The witnesses will also sign the document as proof.

4. Use the POA

The authority granted by the document takes effect the moment it is signed. It continues to be in effect even after the principal is declared legally incompetent. The agent must bring an original copy of the POA every time they make healthcare decisions for the principal.