Discussing and Respecting Your Loved One’s Wishes
Medical Decision-Making
Power of Attorney
Power of attorney forms allow you to assign someone to make medical decisions, such as approving medical procedures, and/or financial decisions, such as spending money and managing property, on your behalf if you are unable to. The person who wants decisions made on their behalf is the principal. The agent is the person assigned to make decisions. The Maine State Bar Association can help you find someone to help you with this important legal document. Elder law attorneys specialize in issues such as these, as well as advising on end-of-life financial matters, such as creating a living trust.
How to create a Power of Attorney (POA) in Maine
- Consult an attorney: An attorney can help you decide what's best for you and draft a POA that includes protections.
- Avoid pre-printed forms: Pre-printed forms may not give you the best legal protection.
- Include specific language: The POA must include specific language, such as notices to the principal and agent.
- Sign and acknowledge the POA: The principal must sign the POA, or have someone else sign it in their presence. The principal must also acknowledge the signature before a notary public.
- Record the POA: The POA or a copy of it must be recorded in a Registry of Deeds in Maine.
Advance Directives
Health care advance directives allow you to choose medical treatments you do want and do not want if you and direct your agent (your Power of Attorney for medical decisions, above) and your physician to follow these wishes.
How to create a Health Care Advance Directive in Maine
The Maine Hospital Association has put together a list of Common Concerns about Advance Healthcare Directives in Maine. There is also a link to a Health Care Advance Directive Form: MHS Advance Directive Booklet
Physician Order for Life Sustaining Therapy (POLST)
How to create a Portable Order for Life Sustaining Therapy POLST: Portable medical orders for seriously ill or frail individuals Chart for Comparing Advance Directives and POLST
End-of-life wishes
- Discuss together preferences for funeral vs. cremation and make arrangements
- Discuss together cemetery preferences and make arrangements
- Discuss together preferences of celebration of life events
Learn the laws
- On scattering ashes in Maine or other states, which may require additional paperwork or permissions, some of which may take months to obtain. In Maine, no state laws are in place that prohibit you from scattering the ashes of your loved one in your yard or on other property that you own.
- On burials at sea. The Clean Water Act requires that cremated remains be scattered at least three nautical miles from land.