A Maine Advance Directive for Health Care is a set of instructions about preferred medical care that takes effect when a patient becomes unable to make decisions. In addition to listing preferences for medical care, the form provides individuals with the option of appointing a health care proxy. A health care proxy - otherwise known as a health care agent or surrogate - is a person who has the authority to make health-related decisions on another person's behalf.
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If an individual has never had an Advance Directive made, any health care decisions may be made for them by a court-appointed guardian (a spouse, an adult child, an adult sibling, an adult relative or a professional). The document is regulated by Title 18-A Article 5 (Protection of Persons Under Disability and Their Property) of the Probate Code. The declaration must be in writing and signed two (2) witnesses.
There is a difference between this form and a Living Will in Maine. A Living Will is a specific type of an Advance Directive for Health Care that becomes effective only in the event of a terminal illness.
An Advance Directive is a document in which an individual states their preferences regarding health care procedures that become effective when they are no longer able to make decisions for themselves. The contents can be updated and changed as often as the individual wishes.
The form includes two parts in total: