Updated August 3, 2026. Quick answer: Maine calls this instrument advance health-care directive, power of attorney for health care, individual instruction. To execute it you need 2 witnesses — and the state requires Witnesses only — no notary path stated. Getting that conjunction wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | advance health-care directive, power of attorney for health care, individual instruction |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | Witnesses only — no notary path stated |
| Who may NOT witness | Statute text reviewed did not list general witness disqualifications; it disqualifies an AGENT (not witnesses generally) who is an owner/operator/employee of the long-term care facility where the principal resides, unless related by blood, marriage or adoption. |
| If you are in a care facility | Unless related to the principal by blood, marriage or adoption, an agent may not be an owner, operator or employee of a residential long-term health care institution at which the principal is receiving care. |
| Authority | 18-C M.R.S. §5-803(2) |
What the statute says
The power must be in writing and signed by the principal and 2 witnesses. Notwithstanding any law validating electronic or digital signatures, signatures of the principal and witnesses must be made in person and not by electronic means.
— 18-C M.R.S. §5-803(2)
The form
There is an official state form, published by the state and free: 18-C M.R.S. §5-803(2). You should not have to buy one.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Individual instructions (oral or written, §5-803(1)) have no witness/signature formality; the 2-witness rule quoted applies specifically to the power of attorney for health care. General witness-disqualification list (relatives/heirs/physician) was not found on the sections read; only the agent/facility restriction was located.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.