Free Maine Living Will Form

The Maine Living Will (commonly known as Advance Health Care Directive) is a document that legally allows a person to voice their end-of-life wishes and choose preferable life-sustaining treatment if the individual is in a vegetative state, coma, or has suffered severe injuries. The document is specifically designed for those situations when the person (declarant) cannot make health care decisions on their behalf and state their wishes due to a severe health condition.

The form includes:

  • Health care treatment instructions;
  • Appointment of an agent to make important decisions on your behalf;
  • Selection of a primary physician;
  • Decisions regarding the donation of organs;
  • Resuscitation order decisions.

Mental health treatment is also concerned by the Advance Health Care Directive. An agent will make all decisions based on the declarant’s instructions and wishes specified in the living will forms. The agent must act to satisfy the declarant’s best interest. The terms of the directive for mental health treatment must be determined under this Part and Title 34-B sections 3831 and 3862.

Signing Requirements and Laws

The Living Will form must be filled out and signed by an adult (18 years old or older) or an emancipated minor, following the Statute § 5-803 of the Maine Title 18-C Probate Code.

The Health Care Directive in Maine comprises four parts:

Part 1 allows the principal to appoint an agent to make healthcare decisions on their behalf in the situation of the declarant’s incapability of making such decisions, or if the declarant desires to cede that right. Legally, the agent must be an adult of the age of majority  (18 years or older) or an emancipated minor. The agent cannot be the owner, contractor, or worker at the residential long-term health care institution where the declarant is undergoing treatment. The rule does not apply if he or she is a relative of the principal. An alternative agent can be selected if the primary one is incapable of making decisions on behalf of the principal. The agent you appoint will make all health care decisions for you unless specified otherwise in the form. If his or her authority is not limited, the agent should:

  • Pick or dismiss health care providers and institutions;
  • Accept or reject any treatment or procedure to maintain, diagnose or affect your health condition;
  • Make decisions concerning artificial ventilation, hydration, and nutrition.
  • Accept or decline any medical tests, medications, surgeries, treatments, and orders not to resuscitate.

Part 2 permits the declarant to voice any specific healthcare-related wishes. You can limit the authority of the agent designated in Part 1 and voice your wishes concerning receiving or denying artificial nutrition, hydration, provision of pain relief, and other life-prolonging treatment.

Part 3 allows the person to intend to donate the bodily organs and tissues after death.

Part 4 permits the declarant to appoint a doctor to have primary responsibility for the principal’s health care.

Two capable adults must sign the Maine Living Will form as witnesses. According to the state laws, if the circumstances change, the document can be revoked or modified at any moment.

As the law states, no judicial or notarial approval is needed to make the Health care decisions made by an appointed agent valid.

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Steps to Fill Out the Form

Filling out the Maine Health Care Directive will require completing the following steps:

1. Download the Living Will Form

To fill out the Maine Living Will form, you can download it as a PDF document or use our convenient Online Forms Building Software to fill out the Maine Living Will form efficiently.

2. Specify your Proxy’s Information and Specify your Wishes

Part 1. Type in or write down your agent’s full name and address. Optionally, you can also put a list of information for your alternative agent and the second alternative agent. (Applies in the cases when the primary proxy fails to fulfill their duty. Then, specify any exceptions to the medical and other procedures you authorize your agent(s) to make decisions about on your behalf.

Part 2. Indicate whether or not you want your life prolonged in the following cases:

  • If you are in an incurable or irreversible condition;
  • If you are unconscious and, according to medical professionals, will likely continue to be, as stated by medical professionals;
  • If the possible risks and drawbacks of treatment would most likely exceed the expected benefits.

You also have to indicate your choice to accept or decline artificial nutrition and pain relief. If you have any other intentions, indicate them in this part as well.

Part 3. If you decide on donating any organs and tissues following your death, indicate your wishes here. Specify which organs and tissues you are willing to donate or state your desire not to contribute any. You can also indicate the purpose of organ donation or select several of the following: transplant, therapy, research, or education.

Part 4. Optionally, you can select a primary doctor, putting in his/ her name and valid address. You can designate an alternative doctor if your primary option is not available.

3. Make sure your witnesses’ signatures are valid

Once you have finished filling out the form, write down your name, address, and sign it. Make your witnesses sign the document and enter their information carefully. The witnesses’ signatures are invalid while placed in a digital form. Your principal witnesses should be present in person while signing the document, according to the §5-803 Uniform Health Care Decisions Act of the Title 18-C of the Maine Probate Code.

4. Distribute Copies

Once you have finished filling out the form, distribute its copies to the persons concerned: your doctor, your lawyer, members of your family, and friends. The copy of the document is as valid as the original. The Living Will have no expiration period. It is valid under the laws of the state where it was created and executed.

Published: Nov 3, 2020