Who Can Witness an Advance Directive in Maine?

The Basic Rule: Two Adult Witnesses, Signed in Person

Under the Uniform Health Care Decisions Act (18-C M.R.S. Section 5-803), your Maine advance health care directive must be signed in the physical presence of at least two competent adult witnesses. All three of you — you and both witnesses — must be in the same room at the same time when signatures are applied.

There are no exceptions to the "in person" requirement. Video calls, notarized affidavits, or witnesses who sign later do not count. If a witness was not physically present when you signed, your directive may be challenged.

Who Is Disqualified from Witnessing

Maine law explicitly bars certain people from serving as witnesses:

Your healthcare agent cannot witness. Neither can your alternate agent. This is a statutory disqualification under 18-C M.R.S. Section 5-803(2). If your designated agent signs as a witness, the document's validity is compromised.

Employees of your care facility. If you are currently receiving care in a residential long-term care facility (nursing home, assisted living), owners, operators, and employees of that facility cannot witness your directive — unless they are related to you by blood, marriage, or adoption.

Anyone under 18. Both witnesses must be competent adults.

Can a Family Member Be a Witness?

Maine's statute does not explicitly prohibit family members from witnessing your advance directive. However, administrative guidelines strongly advise against it.

Here is why: if your directive is ever challenged — by a family member who disagrees with your treatment choices, a hospital that questions whether you were under duress, or an estranged relative contesting your estate — witnesses who are heirs, beneficiaries, or close relatives face credibility questions. A challenger can argue that a family-member witness had a financial or emotional interest in the outcome.

The safest approach is using two witnesses who are:

• Not related to you by blood, marriage, or adoption
• Not named as heirs or beneficiaries in your will
• Not your healthcare agent or alternate agent
• Not employed at a facility where you receive care

Good choices: neighbors, colleagues, members of your faith community, or friends who are not mentioned in your estate plan.

The Signing Ceremony Step by Step

1. Gather everyone in one room — you and your two witnesses
2. You sign first, by hand (electronic signatures are prohibited under Maine law)
3. Each witness signs in your presence and in each other's presence
4. Each witness confirms they observed you signing voluntarily and that you appeared to have capacity

There is no mandatory waiting period between completing the directive and signing. You can fill out the form and sign it in the same sitting.

What About a Notary?

A notary public is not required to make your Maine advance directive legally valid. However, a notary is recommended in two situations:

1. You include burial or cremation authority. Under 22 M.R.S. Section 2843-A, granting your agent power over the disposition of your remains requires notarization.
2. You are a seasonal resident who spends part of the year in another state. Some states require notarized healthcare documents. A Maine directive without a notary may not be recognized in Florida, Arizona, or other snowbird destinations.

If you do use a notary, the notarization is in addition to the two witnesses, not a replacement.

Common Mistakes That Invalidate the Signing

Using your healthcare agent as a witness. This happens frequently when families try to complete everything at the kitchen table. Your agent must be present to understand your wishes, but they cannot sign as a witness.

Having witnesses sign at different times. Both witnesses must be present when you sign and must sign in your presence. Dropping the form off at a neighbor's house for their signature later does not meet the statutory requirement.

Digital signatures. Maine explicitly prohibits electronic signatures for healthcare powers of attorney, regardless of any other law that validates e-signatures.

Only one witness. Some states allow a single witness plus a notary. Maine requires two witnesses. A notary does not substitute for the second witness.

After Signing: Distribution Matters

Maine does not have a state advance directive registry. Once your document is signed, you are responsible for distributing copies to your healthcare agent, alternate agent, primary care physician, local hospital, and any care facility where you reside. Keep the original in an accessible location at home.

The Maine Advance Directive & Living Will Kit includes a witness eligibility checklist and a signing-day guide to make sure your ceremony meets every statutory requirement.

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