Maine Health Care Directive and Living Will Forms in Minutes
FindLaw has worked with licensed attorneys to create health care directive and living will forms customized to Maine law that you can complete in under an hour. With our easy step-by-step process, you can get your attorney-approved health care directive and living will without needing to leave the comfort of home.
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Reliable Maine Health Care Directive and Living Wills From Anywhere
If you ever become hospitalized with a terminal condition, you may become unable to communicate your treatment decisions. Your loved ones may then consent to treatments for you that you would not have wanted. To avoid this, you can create a health care directive and living will. A health care directive and living will is a legal document you can use to make your own medical decisions in advance.
Get peace of mind knowing that your medical professionals will have clear instructions on your treatment wishes through your living will.
Maine Health Care Directive and Living Will Options That Work for You
Health Care Directive & Living Will
For One Person
A do-it-yourself health care directive & living will that’s easy to personalize.
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Estate Planning Package
For One Person
All the forms you need to create a personal estate plan.
How It Works
Create your health care directive & living will in under an hour.
Answer Some Questions
Decide who will be your health care agent/proxy and which medical treatments you would request or refuse.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
Complete Your Document
Once you answer the relevant questions, we do the hard part and create your unique document.
Print, Sign & Make It Legal
Print and sign your document according to the instructions. Give a copy to your doctors and agent/proxy.
What’s Next To Make My Maine Health Care Directive and Living Will Valid?
Follow these steps to validate your living will: See full process
Make decisions on your medical care.
Your health care directive and living will is a type of advance health care directive (“advance directive“). It is a binding legal document you can use to give detailed instructions on your health care wishes in advance. You will need to make decisions about whether you would request or refuse life-prolonging treatments if you are suffering from a terminal condition or permanently unconscious.
These are difficult decisions and can be unpleasant to consider. However, it may be reassuring to know that you have made your own choices on end-of-life care issues and that you will not receive treatments you do not want. If you have trouble making these decisions, it may be helpful to discuss them with your loved ones and a trusted primary care physician.
Consider choosing a health care agent.
In Maine, you have the option of naming a health care agent to make medical decisions for you if you become unable to make them for yourself. You can make this designation through a document that’s called a durable power of attorney for health care (a “POA”). A POA is another type of advance directive in addition to a living will.
When selecting a health care agent, consider whether this person will be able to be assertive with your medical providers and family members to advocate for your wishes. Many people choose a close loved one like a spouse, sibling, parent, or adult child for this important responsibility.
There are specific restrictions on your choice of health care agent under Maine law. You may not choose anyone who owns, operates, or works at a residential care facility where you receive treatment, unless the person is related to you by blood, marriage, or adoption.
Before committing to a health care agent, you should talk to this person and make sure that they consent to this designation. You may want to name alternate health care agents too. That way, you have a backup agent in case your first choice becomes unable or unwilling to perform this task.
Sign your health care directive and living will.
Distribute your advance directives.
After you have signed your documents, you need to make sure they get into the right hands. You will need to give copies to your health care agent so that they understand your medical wishes and end-of-life decisions. Next, you should give your advance directives to your medical professionals so that they can carry out your wishes if necessary. Finally, you should give copies of your advance directives to your close loved ones just in case they accompany you during a medical emergency.
Update your advance directives.
A good policy is to review your advance directives every few years at least. This will help to ensure that your selections continue to reflect your preferences. If you have gone through major life events, you may need to update your documents sooner.
For instance, in the event of a long-distance move, you may need to choose a new health care agent who is located closer to you. If you go through a divorce with your health care agent, you will probably need to modify your POA to replace your spouse. You may even want to change the selections in your health care directive and living will due to medical advancements, new diagnoses, or a simple change of heart.
Whatever the reason, you can make unlimited changes to your living will for a full year after purchase if you create it through FindLaw.
You May Want to Speak With a Lawyer if:
- Your family disagrees with your medical choices
- You don’t know who to appoint as your agent
- You have questions about life prolonging measures
- You want legal review of your completed document
Ready to get started on Your Maine healthcare directive & living will? It’s free to start.Create My Form
Maine Living Will FAQs
No, living wills and wills have similar names, but they have very different uses.
A living will is not a will in the traditional sense. You cannot use it to detail who should receive your assets after your death. Instead, you can use a living will to describe your medical wishes during your lifetime.
A last will and testament (a “will”) is the foundation of a good estate plan. You can use a will to provide for the distribution of your assets after your death as you see fit. If you have minor children, you can name guardians for them in your will too. You cannot use a will to give medical instructions to your health care providers.
A good estate plan can include both a will and a living will. Your will names the beneficiaries of your estate, and your living will provides clear instructions to your medical team regarding your treatment wishes.
Yes. According to Maine’s Health Care Decisions Act, your out-of-state advance directives are valid in Maine if they comply with the laws of the state where you created them.
However, if you have recently relocated, it may be time to review your advance directives. State laws are subject to change, so it’s a good idea to create advance directives that are tailored to current Maine law. You can create an attorney-approved Maine living will with FindLaw in as little as 30 minutes. You don’t even need to leave the comfort of home to do so.
No, you are under no obligation to create a living will or to name a health care agent. Under Maine law, your health care providers cannot require or prohibit advance directives as a condition of treatment.
Although you do not have to create advance directives, you may want to. With a health care directive and living will, you can make your own health care decisions in case you ever become unable to make them for yourself at some point in the future. This helps to ensure that you don’t receive future treatments you do not want. It can even prevent strife among loved ones who may have conflicting opinions about your medical treatments.
If you name a health care agent through a POA, this person will have broad powers over your medical decisions unless you limit their authority. If you lose the capacity to give informed consent on treatment options, your health care agent’s duty is to carry out the terms of your advance directives.
They will be able to make decisions about:
- Hiring and firing medical professionals
- Consenting to surgical treatments and tests
- Providing or withholding life-sustaining treatment
- Tests or procedures related to any physical or mental condition
For issues that are not covered in your advance directives, your health care agent’s duty is to make decisions that are in your best interests and that align with their understanding of your wishes and values.
Your health care agent will also have the ability to review your medical record and disclose your health care information to medical providers. When choosing your health care agent, you should choose the person you trust the most with this sensitive information. If you would like to limit their authority, you can make this clear in the power of attorney document.
Not entirely. A divorce does not revoke the choices in your health care directive and living will. But if you named your former spouse as your health care agent, a divorce, separation, or annulment revokes this designation in Maine. The exception to this would be if the divorce decree or the POA document specify that the designation should survive divorce.
If you have gone through a divorce, it’s probably a good time to review your estate plan, including your advance directives. If your former spouse was your health care agent, you will likely want to change this designation. To do this, you can complete a new power of attorney document that names another trusted person for this role.
You have the right to change or revoke your advance directives at any time that you have the mental capacity to do so. However, there are different requirements under Maine law depending on whether you are revoking a living will or the designation of an agent.
If you would like to revoke the designation of your health care agent in your POA, you must either do so in writing or by personally informing your health care provider.
You can revoke the instructions in your health care directive and living will through any method that clearly conveys your intention to revoke. This could include burning, tearing, or otherwise physically destroying your health care directive and living will. It could also include a verbal statement. But it’s best to create a written record of your revocation if possible.
After you have revoked your advance directives or created new ones, you need to inform the right people of the changes. You should tell your health care agent, your medical providers, and your loved ones that your wishes have changed. You should then provide them with copies of your updated advance directives so that they have a record of your wishes.
Complex Family Situation? Need Additional Guidance?
Contact a local estate planning attorney.
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