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An Act To Prioritize Family Members as Surrogates for Medical Decisions
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §5-805, sub-§(b), as amended by PL 1999, c. 411, §3, is further amended to read:
 
(b).   Any member of the following classes of the patient's family who is reasonably available, in descending order of priority, may act as surrogate:
 
(1). The spouse, unless legally separated;
 
(1-A).  An adult who shares an emotional, physical and financial relationship with the patient similar to that of a spouse;
 
(2). An adult child;
 
(3). A parent;
 
(4). An adult brother or sister;
 
(4-A).  An adult who shares an emotional, physical and financial relationship with the patient similar to that of a spouse;
 
(5). An adult grandchild;
 
(6). An adult niece or nephew, related by blood or adoption;
 
(7). An adult aunt or uncle, related by blood or adoption; or
 
(8). Another adult relative of the patient, related by blood or adoption, who is familiar with the patient's personal values and is reasonably available for consultation.
 
SUMMARY
Current law places nonspousal partners above adult children, parents and adult siblings when prioritizing who may act as a surrogate for medical decisions for an incapacitated adult, including the decision to withhold or withdraw life-sustaining treatment. This bill gives adult children, parents and adult siblings medical decision-making priority over nonspousal partners.