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Maine Revocation of Advance Health Care Directive

Maine Revocation of Advance Health Care Directive

Category:

Power of Attorney - Healthcare - Revocations

State:

Maine

Control #:

ME-P021B

Format:

Instant download

Description

This form is a revocation of Form ME-P021, an Advance Health-Care Directive, that allows you to grant a power of attorney for health care decisions, make specific instructions for your healthcare, make anatomical gifts and designate a primary physician. 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.

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FAQ

If family members disagree with a power of attorney, it can lead to conflicts about medical and financial decisions. In such cases, the agent’s authority may be challenged in court, which can complicate matters. Communication among family members can often resolve disagreements before they escalate. If you find yourself in this situation, seeking guidance from USLegalForms can provide clarity on how to manage these disputes effectively.

In Maine, it is not necessary for an advance health care directive to be notarized to be valid. However, having your directive notarized can add an extra layer of authenticity and help prevent disputes later on. It is important to ensure that the document is signed by you and witnessed, as Maine law mandates. For clarity on creating your advance directive, USLegalForms has resources that can simplify the process.

The Maine law on revocation of advance health care directives allows individuals to withdraw previously made healthcare decisions. This means you can change your mind about who will make medical decisions for you if you become unable to do so. It’s important to follow specific procedures outlined in the law to ensure the revocation is valid. Utilize resources like USLegalForms to guide you through the process effectively.

Advance care directives are legally enforceable in NSW. Although NSW does not have specific legislation on advance care directives, the Supreme Court has said that valid advance care directives must be respected (as an extension to a person's right to determine their own medical treatment).

A person can change an Individual Healthcare Instruction by writing a new Advance Directive with the changes in it that she wants to make.A person can also revoke their Advance Directive orally, by telling their healthcare provider that they no longer want either the entire document or any parts of it enforced.

Advance Directives are referred to by different names depending on the state where you reside: advance directive, living will, declaration, power of attorney, patient advocate designation, etc.If someone disputes the validity of your health care directive, it may be challenged in court.

An advance directive, alone, may not be sufficient to stop all forms of life-saving treatment.You retain the right to override the decisions or your representative, change the terms of your living will or POA, or completely revoke an advance directive.

The AHCD is the newest form of advance directive under the Health Care Decisions Law, effective July 1, 2000.The AHCD has replaced the Durable Power of Attorney for Health Care (DPAHC) as the legally recognized document for appointing a healthcare agent in California.

A person can also revoke their Advance Directive orally, by telling their healthcare provider that they no longer want either the entire document or any parts of it enforced.

Advance Directive Must be signed by two witnesses and notarized. Neither of your witnesses may be: related to you by blood or marriage. your attending physician or mental health treatment provider.

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Revocation of Advance Health Care Directive

STATUTORY REFERENCE
ALL REFERENCES ARE TO THE MAINE REVISED STATUTES

REVOCATION OF ADVANCE HEALTH CARE DIRECTIVE
(18-A MRSA Â§ 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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