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Naming who speaks for you about medical care, and saying what you want.
An advance directive is the document that says who makes your medical decisions if you cannot, and what you would want. In Maryland it is a single instrument that can do two separate jobs, and most people should use both.
You name a person to make medical decisions for you when you are unable to make them yourself. This is sometimes called a medical power of attorney. Your agent is expected to follow the wishes you have expressed and, where you have not addressed a situation, to act in your best interests considering your diagnosis, values and beliefs.
Naming an agent is the more important half. No document can anticipate every medical situation, but a person who knows you can respond to the one that actually arises.
Written instructions about the care you do and do not want, including how aggressively you wish to be treated and your wishes about life-sustaining measures. This gives your agent and your physicians direction rather than leaving them to guess.
For a written advance directive:
Notarization is not required in Maryland, though it does no harm. Maryland also recognizes electronic advance directives, and an oral directive made voluntarily in the presence of your physician and at least one witness, when it is documented in your medical record.
An advance directive operates when you are no longer able to make or communicate your own health care decisions. While you have capacity, you decide, and the document does not override you.
An advance directive covers health care. A power of attorney covers money and property. They are separate documents with different execution requirements, and most people need both. Your financial agent and your health care agent do not have to be the same person, and sometimes should not be.
A directive locked in a safe deposit box helps nobody at 2am. Give copies to your agent, your alternate, your physician and the relevant hospital, and tell your family who you named. Review it after a major diagnosis, a divorce, or the death of the person you named.
The Law Office of Thomas K. Mallon, LLC offers a free consultation. Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.
This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your situation.