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Maine Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 18A §5-501, et seq. Durable Power of Attorney; 18A 5-801 et seq. |
| Specific Powers, Life-Prolonging Acts | Consent or withhold consent or approval relating to any medical or other health care treatment of the principal including life-sustaining treatment when principal is in terminal condition or persistent vegetative state |
| Legal Requirements for Durable Power of Attorney | (1) Signed by principal or another at principal's direction; (2) 2 witnesses other than designated attorney-in-fact (unless prior to effective date of statute); (3) contains words to the effect that authority is exercisable not withstanding incapacity or disability (sample form §5-702(c)) |
| Revocation of Durable Power of Attorney | May be revoked or terminated by a fiduciary of principal only with prior approval of court upon petition by any interested person |
| Validity from State-to-State | Declaration executed in another state in compliance with laws of that state and Maine is valid |
| If Physician Unwilling to Follow Durable Power of Attorney | Attending physician or other health care provider who is unwilling shall take all reasonable steps as promptly as practicable to transfer to another physician willing to comply. Willful failure to transfer is a Class E crime |
| Immunity for Attending Physician | Physician or other health care provider whose action is in accord with reasonable medical standards and in good faith is not subject to criminal or civil liability or discipline for unprofessional conduct |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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