Revocación de directivas anticipadas de atención médica
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE MAINE REVISED STATUTES
REVOCATION OF ADVANCE HEALTH CARE DIRECTIVE
(18-A MRSA § 5-801 through 5-804)
Selected Definitions
An "advance health-care directive" is an individual instruction
from, or a power of attorney for health care by, an individual with capacity.
"Health care" is any care, treatment, service or procedure to maintain,
diagnose or otherwise affect an individual's physical or mental condition.
A "health-care decision" is a decision made by an individual with
capacity or by the individual's agent, guardian or surrogate,
regarding the individual's health care, including:
Selection and discharge of health-care providers and institutions;
Approval or disapproval of diagnostic tests, surgical procedures, programs
of medication and orders not to resuscitate; and
Directions to provide, withhold or withdraw artificial nutrition and
hydration and all other forms of health care, including life sustaining
treatment.
A "power of attorney for health care" is the designation of an agent
with capacity to make health-care decisions for the individual granting
the power.
A "surrogate" is an individual with capacity, other than a patient's
agent or guardian, authorized under this Part to make health care decisions
as provided in section 5-805.
"Life sustaining treatment" is any medical procedure or intervention
that, when administered to a person without capacity and in either a terminal
condition or a persistent vegetative state, will serve only to prolong
the process of dying. "Life sustaining treatment" may include artificially
administered nutrition and hydration, which is the provision of nutrients
and liquids through the use of tubes, intravenous procedures or similar
medical interventions.
A "persistent vegetative state" is a state that occurs after coma
in which the patient totally lacks higher cortical and cognitive function,
but maintains vegetative brain stem processes, with no realistic possibility
of recovery, as diagnosed in accordance with acceptable medical standards.
A "terminal condition" is an incurable and irreversible condition
that, without the administration of life sustaining treatment, in the opinion
of the primary physician, will result in death within a relatively short
time.
The Directive
An adult or emancipated minor with capacity may execute a power
of attorney for health care and may authorize the agent to make any health-care
decision that the principal could have made while having capacity.
The directive must be in writing and signed by the principal and
2 witnesses.
Unless otherwise specified in a power of attorney for health care,
the authority of an agent becomes effective only upon a determination that
the principal lacks capacity, and ceases to be effective upon a determination
that the principal has recovered capacity.
Unless otherwise specified in a written advance health-care directive,
a determination that an individual lacks or has recovered capacity or that
another condition exists that affects an individual instruction, the authority
of an agent or the validity of an advance health-care directive must be
made by the primary physician or by a court of competent jurisdiction.
If an individual has included a directive authorizing mental health treatment
in an advance health-care directive, a determination that an individual
lacks or has recovered capacity or that another condition exists that affects
an individual instruction, the authority of an agent or the validity of
an advance health-care directive must be made by by a person qualified
to conduct an examination pursuant to Title 34-B, section 3863.
A written advance health-care directive may include the individual's
nomination of a guardian of the person.
Revocation
An individual with capacity may revoke the designation of an agent
only by a signed writing or by personally informing the supervising health-care
provider.
An individual with capacity may revoke all or part of an advance
health-care directive, other than the designation of an agent, at any time
and in any manner that communicates an intent to revoke.
An advance health-care directive that conflicts with an earlier
advance health-care directive revokes the earlier directive to the extent
of the conflict.
Form
The statutory form is optional.
A copy of a written advance health-care directive, revocation
of an advance health-care directive or designation or disqualification
of a surrogate has the same effect as the original.
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