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Health Care Power of Attorney Requirements in Maine

In Maine, a power of attorney for health care must be in writing and signed in person by you and two witnesses; no notary is required.

Last checked . General information, not legal advice.

Maine at a glance

Document name
Power of attorney for health care
Witnesses
2 witnesses
Signatures of the principal and witnesses must be made in person, not electronically.
Notary required
No
Who cannot witness
None listed in the statute
18-C M.R.S. 5-803 and the optional form in 5-805 require 2 witnesses but list no one who is barred from witnessing.

Sources

Last checked

The rules in Maine

What is a health care power of attorney called in Maine?

Document name in Maine: Power of attorney for health care.

How many witnesses does a health care power of attorney need in Maine?

Witnesses in Maine: 2 witnesses. Signatures of the principal and witnesses must be made in person, not electronically.

Does a health care power of attorney have to be notarized in Maine?

No. Notary required in Maine: no.

Who cannot witness a health care power of attorney in Maine?

Who cannot witness in Maine: None listed in the statute. 18-C M.R.S. 5-803 and the optional form in 5-805 require 2 witnesses but list no one who is barred from witnessing.

Where do the Maine health care power of attorney requirements come from?

The rules above come from 18-C M.R.S. 5-803, 18-C M.R.S. 5-803-A and 18-C M.R.S. 5-805. Each source is linked on this page. We last checked them in October 2026.

Good to know

18-C M.R.S. 5-803-A (added 2021) lets a principal in hospital or facility isolation for an infectious disease direct another person to sign, with signing witnessed by 2-way audiovisual link; it does not apply when the directive is notarized.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.