Maine Revised Statutes

(a).    A durable health care power of attorney is a durable power of attorney by which a principal designates another as attorney-in-fact to make decisions on the principal's behalf in matters concerning the principal's medical or health treatment and care. An attorney-in-fact designated under a durable health care power of attorney may be authorized to give or withhold consents or approvals relating to any medical, health or other professional care, counsel, treatment or service of or to the principal by a licensed or professional certified person or institution engaged in the practice of, or providing, a healing art, including life-sustaining treatment when the principal is in a terminal condition or a persistent vegetative state.

(b).    A durable health care power of attorney must be signed by the principal, or another at the principal's direction, and witnessed by 2 individuals other than the designated attorney-in-fact. This section's requirement of 2 witnesses does not render ineffective a durable health care power of attorney validly executed prior to the effective date of this section.

(c).    A durable health care power of attorney may be revoked or terminated by a fiduciary of the principal only with the prior approval of the court upon petition by any interested person.

(d).    An agent under a durable health care power of attorney has the power and authority to serve as the personal representative of the principal for all purposes of the federal Health Insurance Portability and Accountability Act of 1996, 42 United States Code, Section 1320d et seq. and its regulations, 45 Code of Federal Regulations 160-164. The agent has all the rights of the principal with respect to the use and disclosure of the individually identifiable health information and other medical records of the principal.