Do Advance Directives Need to Be Notarized in Maine?

The Short Answer: No — With One Important Exception

For a standard healthcare advance directive in Maine, no notary is required. Two adult witnesses plus your handwritten signature make the document legally valid under the Uniform Health Care Decisions Act (18-C M.R.S. Section 5-803).

But there is a specific exception that catches many people off guard, and a practical consideration that applies to a large portion of Maine's population.

The Exception: Burial and Cremation Authority

If you grant your healthcare agent the power to direct the disposition of your remains — burial, cremation, or other final arrangements — the document must be notarized under 22 M.R.S. Section 2843-A.

This is a separate statutory requirement. The Uniform Health Care Decisions Act governs the healthcare portions of your directive and requires only witnesses. But the burial/cremation authority provision falls under a different section of Maine law that demands notarization.

Without notarization, your agent's authority over your remains may be unenforceable. Decisions about burial and cremation would then default to Maine's statutory next-of-kin hierarchy, which may not reflect your wishes.

If you want your agent to handle everything — medical decisions and final arrangements — get the document notarized. It adds a few minutes and a small fee (typically under $15 at a bank or shipping store), but it covers both statutory requirements in one signing.

The Snowbird Problem

Maine has one of the oldest median populations in the United States, and a significant portion of residents spend part of the year in warmer states — Florida, Arizona, the Carolinas, Texas.

Here is the practical issue: many of these states do require notarization for healthcare directives to be recognized. If you have a medical emergency in Florida and your Maine directive is not notarized, the treating facility may question its validity or refuse to honor it until their legal team reviews it. That review takes time you may not have.

The legal doctrine of reciprocity generally provides that a directive valid in the state where it was executed should be honored in other states. But "should be" and "will be at 3 a.m. in an ER" are different things. A notarized document eliminates the friction.

If you travel or live part-time in another state, get your directive notarized. It is optional under Maine law for standard healthcare provisions, but it is the practical standard for portability.

Notarization Does Not Replace Witnesses

A common misunderstanding: some people think that getting the document notarized means they can skip the two witnesses. That is incorrect.

Maine requires both — two adult witnesses and (if applicable) a notary. The notary verifies your identity and acknowledges your signature. The witnesses attest that you signed voluntarily and appeared to have capacity. These are different functions.

If you include burial authority and are also a seasonal traveler, your signing ceremony needs you, two witnesses, and a notary — four people present at once. Plan accordingly.

What About Financial Power of Attorney?

If you are also executing a financial power of attorney (a separate document under Title 18-B), that document always requires notarization in Maine. There is no witness-only option for financial POA.

People who complete both documents in the same sitting often confuse the requirements. Your medical directive: witnesses required, notary optional (unless burial authority). Your financial POA: notary always required.

Where to Get Notarized in Maine

Most banks offer free notary services to account holders. UPS Store, FedEx Office, and AAA offices also provide notary services for a small fee. Many town clerks' offices offer notary services during business hours.

Mobile notaries are available throughout Maine and will come to your home — useful if mobility is limited or if you are completing the signing at a family member's house. Expect to pay a travel fee on top of the standard notary charge.

Bottom Line

For most Maine residents, the practical advice is: just get it notarized. The cost is minimal, it covers the burial authority exception, and it protects you if you travel. The only scenario where notarization adds no value is if you are completing a directive without burial authority and will never leave Maine.

The Maine Advance Directive & Living Will Kit clearly flags which sections of the statutory form trigger the notarization requirement and includes a signing-day checklist that covers both the witness ceremony and the notary acknowledgment.

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