Maine Living Will Requirements
Based on Maine Revised Statutes Title 18-C, §5-801 et seq. (Uniform Health-Care Decisions Act)
Quick Summary
- Document type: Advance Health Care Directive
- 2 witnesses required
- Notarization not required
Witness Requirements
Maine requires 2 witnesses who are present when you sign your advance health care directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be a competent adult
- A witness cannot be the person designated as the health care agent in the directive
- A witness cannot be an owner, operator, or employee of a residential long-term care facility in which the principal is receiving care
- Signatures of the principal and witnesses must be made in person and not by electronic means
When Your Living Will Takes Effect
Your Maine living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the primary physician, result in death within a relatively short time.
Persistent Vegetative State
A persistent vegetative state is a state occurring after coma in which the patient lacks higher cortical and cognitive function but maintains vegetative brain stem processes, with no realistic possibility of recovery.
Irreversible Condition
Life-sustaining treatment means any medical procedure or intervention that, when administered to a person without capacity in a terminal condition or persistent vegetative state, will serve only to prolong the process of dying, including artificially administered nutrition and hydration.
Important Notes for Maine
- Maine follows the Uniform Health-Care Decisions Act (Title 18-C, Part 8, §5-801 et seq.)
- An advance health care directive must be in writing, signed by the principal, and signed by two witnesses
- A directive may include individual instructions regarding health care and may designate a health care agent
- Notarization is not required but is recommended if the principal travels out of state, as other states may require it
- An advance health care directive may also include instructions regarding mental health treatment
- The directive becomes effective when communicated to the primary physician and the principal is determined to lack capacity
- A directive may be revoked at any time by the principal without regard to mental state or competency, by physical destruction, written revocation, or verbal expression of intent to revoke
- Maine provides a statutory optional form under Title 18-C, §5-805
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.