Advance Directives in Maryland

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.

The two parts

Appointing a health care agent

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.

Treatment preferences, or living will

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.

What Maryland requires

For a written advance directive:

  • Your signature, or someone signing at your direction and in your presence if you cannot sign
  • Two competent witnesses, signing in your physical or electronic presence
  • At least one witness must not be someone who would benefit financially from your death or is entitled to any part of your estate
  • The person you name as health care agent cannot serve as a witness

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.

When it takes effect

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.

How it differs from a power of attorney

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.

Making it useful in practice

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.

Related

Official resources

Talk with a Towson attorney

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.

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