(3) A guardian may give or withhold consents or approvals related to medical or other professional care, counsel, treatment or service for the ward, except that a guardian may not decline consent for a sexual assault forensic examination of the ward. Except as authorized by a court of competent jurisdiction, a guardian shall make a health- care decision in accordance with the ward's individual instructions, if any, and other wishes expressed while the ward had capacity to the extent known to the guardian. Otherwise, the guardian shall make the decision in accordance with the guardian's determination of the ward's best interest. In determining the ward's best interest, the guardian shall consider the ward's personal values to the extent known to the guardian. A decision of a guardian to withhold or withdraw life-sustaining treatment is effective without court approval unless the guardian's decision is made against the advice of the ward's primary physician and in the absence of instructions from the ward made while the ward had capacity.

Sec. 3. 18-A MRSA §5-506, sub-§(a), as amended by PL 1995, c. 378, Pt. B, §3, is further amended to read:

(a) A durable health care power of attorney is a durable power of attorney by which a principal designates another as attorney-in-fact to make decisions on the principal's behalf in matters concerning the principal's medical or health treatment and care. An attorney-in-fact designated under a durable health care power of attorney may be authorized to give or withhold consents or approvals relating to any medical, health or other professional care, counsel, treatment or service of or to the principal by a licensed or professional certified person or institution engaged in the practice of, or providing, a healing art, including life-sustaining treatment when the principal is in a terminal condition or a persistent vegetative state. Notwithstanding any provision contained in the durable health care power of attorney, the designated attorney-in-fact may not decline consent for a sexual assault forensic examination of the principal.

Sec. 4. 18-A MRSA §5-802, sub-§(b), as amended by PL 1999, c. 711, §2, is further amended to read:

(b) An adult or emancipated minor with capacity may execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity, except that the agent may