An Act To Amend the Law Regarding Advance Health Care Directives
Maine Legislature, Session 130, LD 1144
Committee: Judiciary
Sponsors: ROEDER
Amends: 18-C MRSA §5

Legislative Document
No. 1144
H.P. 822
House of Representatives, March 22, 2021
An Act To Amend the Law Regarding Advance Health Care 
Directives
(EMERGENCY)
Received by the Clerk of the House on March 18, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ROEDER of Bangor.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to assist persons affected by the COVID-19 pandemic in completing 
advance health care directives; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §5-803, sub-§11 is enacted to read:
11.  Execution.  A written individual instruction, advance health care directive or 
power of attorney for health care may be signed by the principal or in the principal's 
conscious presence by another individual directed by the principal to sign the principal's 
name on the individual instruction, advance health care directive or power of attorney for 
health care.  For purposes of this subsection an individual appearing via telecommunication 
who is able to verify or recognize the identity of the principal and assess the principal's 
capacity is considered to be in the principal's conscious presence.  If necessary due to 
infectious disease protocols or other health concerns, an individual outside a hospital room 
where the patient who is the principal is located or in a location near the principal is also 
considered to be in the principal's conscious presence, as long as the individual can verify 
or recognize the identity of the principal and assess the principal's capacity.  A witness may 
also appear via telecommunication if that witness is able to verify or recognize the identity 
of the principal and assess the principal's capacity.  If necessary due to infectious disease 
protocols or other health concerns, an individual outside a hospital room where the patient 
who is the principal is located or in a location near the principal may also act as a witness, 
as long as that witness is able to verify or recognize the principal's identity and assess the 
principal's capacity.  The signature of the principal and the witness must physically appear 
on the same document but do not need to be on the same page.  The signature pages do not 
need to be in the same location as each other when they are signed, as long as all parties 
involved are clearly intending to complete a unified document by signing and the pages are 
promptly assembled as a complete document.  The written instrument must be able to be 
tracked with a reasonable degree of certainty as it travels between the principal and the 
witness or any notary to ensure it is not altered from the condition it is in when the principal 
signs it.  Any ambiguity with regard to effective execution presented by this subsection 
must be resolved in favor of permitting reasonable means of execution that allow an 
individual to memorialize that individual's instructions with regard to that individual's 
health care.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill provides that a written individual instruction, advance health care directive or 
power of attorney for health care may be signed in the principal's conscious presence by 
another individual directed by the principal to sign the principal's name.  An individual 
appearing via telecommunication who is able to verify or recognize the identity of the 
principal and assess the principal's capacity is considered to be in the principal's conscious 
presence.  If necessary due to infectious disease protocols or other health concerns, an 
individual outside a hospital room where the patient who is the principal is located or in a 
location near the patient who is the principal is also considered to be in the principal's 
conscious presence as long as the individual can verify or recognize the identity of the 
principal and assess the principal's capacity.  A witness may also appear via 
telecommunication if that witness is able to verify or recognize the identity of the principal 
and assess the principal's capacity.  If necessary due to infectious disease protocols or other 
health concerns, an individual outside a hospital room where the patient is located or in a 
location near the patient may also act as a witness, as long as that witness is able to verify 
or recognize the patient's identity and assess the patient's capacity.