Maine Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Maine who cannot decide: an agent, a guardian, or Maine's default surrogate order. Runs in your browser; nothing is stored.

Maine law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Maine

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Maine's default surrogate order

  1. Spouse (Not if legally separated)
  2. An adult in a spouse-like emotional, physical and financial relationship
  3. An adult child
  4. A parent
  5. An adult brother or sister
  6. An adult grandchild
  7. An adult niece or nephew (by blood or adoption)
  8. An adult aunt or uncle (by blood or adoption)
  9. Any adult relative familiar with the patient's values
  10. An adult who has shown special concern and knows the patient's values (Only if no family member above is reasonably available)
What it covers
A surrogate may make any health care decision when no agent or guardian exists, but may withhold or withdraw life-sustaining treatment only for a terminal condition or persistent vegetative state, and may not refuse lifesaving, medically necessary interventions.
If more than one person is in the same group
The provider may follow the higher-priority class or a majority of that class. An evenly divided class and all lower classes are disqualified.
If nobody on the list is available
The provider may refer disagreeing family members to a neutral third party or a court.
Who decides the person cannot decide
The primary physician determines lack of capacity, and for life-sustaining decisions also the terminal condition or persistent vegetative state.
Limits
  • An owner, operator or employee of the residential long-term care facility cannot be surrogate unless spouse, adult child, parent or a relative the patient lived with for more than 6 months.
  • A consent is not valid if it conflicts with an intention the patient previously expressed to the surrogate.
  • The provider may require a sworn written declaration.

Source: 18-C M.R.S. 5-806 · Checked October 26, 2026

Next steps

Who decides in Maine without a power of attorney?

Maine's default surrogate law (18-C M.R.S. 5-806) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if legally separated).

Maine's default surrogate law in full

Maine's default surrogate order

  1. Spouse (Not if legally separated)
  2. An adult in a spouse-like emotional, physical and financial relationship
  3. An adult child
  4. A parent
  5. An adult brother or sister
  6. An adult grandchild
  7. An adult niece or nephew (by blood or adoption)
  8. An adult aunt or uncle (by blood or adoption)
  9. Any adult relative familiar with the patient's values
  10. An adult who has shown special concern and knows the patient's values (Only if no family member above is reasonably available)
What it covers
A surrogate may make any health care decision when no agent or guardian exists, but may withhold or withdraw life-sustaining treatment only for a terminal condition or persistent vegetative state, and may not refuse lifesaving, medically necessary interventions.
If more than one person is in the same group
The provider may follow the higher-priority class or a majority of that class. An evenly divided class and all lower classes are disqualified.
If nobody on the list is available
The provider may refer disagreeing family members to a neutral third party or a court.
Who decides the person cannot decide
The primary physician determines lack of capacity, and for life-sustaining decisions also the terminal condition or persistent vegetative state.
Limits
  • An owner, operator or employee of the residential long-term care facility cannot be surrogate unless spouse, adult child, parent or a relative the patient lived with for more than 6 months.
  • A consent is not valid if it conflicts with an intention the patient previously expressed to the surrogate.
  • The provider may require a sworn written declaration.

Source: 18-C M.R.S. 5-806 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Maine if there is no power of attorney?

Maine's default surrogate law (18-C M.R.S. 5-806) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (not if legally separated). The full order, tie rule and limits are in 18-C M.R.S. 5-806.

Does next of kin in Maine have authority over money?

No default surrogate law covers money. In Maine, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Maine law checked against the official text on October 26, 2026.

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