falafelkid
New Member
- Jurisdiction
- Maine
In 2022, my mum's Maine Power of attorney for health care was witnessed by the primary agent and her attorney.
Now someone is claiming that the primary agent can not be a witness, and so the secondary agent is actually the agent. (it is the secondary agent making the claim).
My understanding is that the Maine Uniform Health Care Decisions Act, Title 18-C, M.R.S.A. §5-803(2) is the controlling code, where the stipulation is "The power must be in writing and signed by the principal and 2 witnesses."
The confusing part is that the form (dated 2008) states "Your agent cannot sign as a witness." The 2023 version of the form does not carry the same statement.
Questions:
Now someone is claiming that the primary agent can not be a witness, and so the secondary agent is actually the agent. (it is the secondary agent making the claim).
My understanding is that the Maine Uniform Health Care Decisions Act, Title 18-C, M.R.S.A. §5-803(2) is the controlling code, where the stipulation is "The power must be in writing and signed by the principal and 2 witnesses."
The confusing part is that the form (dated 2008) states "Your agent cannot sign as a witness." The 2023 version of the form does not carry the same statement.
Questions:
- Does the statement on the form override the code?
- Is that the correct code to cite?
- Is the primary agent disqualified because they were a witness to the document?