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Maryland Advance Healthcare Directive 

Maryland Advance Healthcare Directive 

By 

Jennifer Mcgee

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Updated on  

November 22, 2022
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9 Mins

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When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive. 

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably. 

In this article, you will get a complete guide for making an Advance Directive for Healthcare in Maryland. 

Legal Requirements for a valid Advance Directive

  • Written by the grantor/declarant (i.e. the maker of an Advance Directive): Yes
  • Grantor must be:
  • Above the age of 18 years: Yes/if under the age of 18, is married or is the parent of a child.
  • Sound mind and memory: Yes
  • Signed by the grantor: Yes
  • Signed by Proxy/Agent: No
  • Proxy/agent accepts his role in writing: No
  • Witness required: Yes
  • Number of witnesses: 2
  • Signed by the witnesses: Yes
  • Number of documents required: 1 (Form 2 is optional)
  • Other names for a Living Will in Maryland: Advance Directive
  • Other names for a Healthcare Power of attorney in Maryland: Advance Directive
  • Proxy can decide on mental health issues: No

Who can be your witnesses in the Maryland Advance Directive?

Anyone can be your witness in Maryland if;

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Note: Your witnesses cannot be: 

  • Your healthcare proxy/agent,
  • Related to you by blood, adoption, or marriage (at least one witness),
  • Entitled to a share in the estate on your death (at least one witness).
Advance Directive Maryland

Who can be your Proxy in the Maryland Advance Directive?

Anyone can be your Proxy/Agent in Maryland if

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Who cannot be your Proxy/Surrogate:

  • If you are receiving care at a health care institution then your supervising health care provider, its operator and employee,
  • The spouse, parent, child, or sibling of any of the above health care provider, its operator and employee,
  • Someone that you have a protective order against,

Unless: 

  • That person is related to you by blood, marriage, adoption, or even a close friend. 

For instance, your guardian, spouse (not if you are currently separated from or divorcing your spouse), domestic partner, adult child, parent, sibling, or other close relative or close friend who could be appointed as your surrogate or approached by the healthcare providers in case you do not appoint an agent. 

Other than the above legal requirements, the Proxy/Agent should be:

  • Trustable to adhere to your wishes and intentions.
  • Trustable to defend you if there’s any disagreement about your medical care.
  • He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
  •  He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

When does an Advance Directive come into effect in Maryland?

In Maryland, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. 

An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your own and have become debilitated due to illness or injury.

Note: Your Maryland Advance Directive will not be effective in any medical crisis or emergency unless you are declared incapacitated to understand and communicate your wishes and consent by your doctor.

Learn about the requirements of Maryland Last Will and Testament and Maryland Last Will and Testament Template.

How can an Advance Directive be revoked?

You can revoke or terminate your Maryland Advance Directive at anytime by:

  • A written revocation,
  • An Electronic revocation,
  • An oral revocation in presence of your agent/physician,
  • Tearing, burning, and obliterating or destroying the document in any other way,
  • Executing a new Advance Directive.

Note: Revocation of the Advance Directive will be effective when you communicate about it to your doctor, agent or anyone who has its photocopy.

How to amend or change an Advance Directive? 

You can make changes or amend your Advance Directive at any time in Maryland but once it was witnessed and signed you have to remake a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

Maryland rules for changing Marital status after making your Advance Directive 

Divorce from the spouse will not make any effect on the validity of the Maryland Advance Directive unless the spouse was named as an agent in the Durable Power of Attorney for Healthcare, the divorce or annulment of marriage or legal separation will revoke the healthcare agent's power with immediate effect.

Form 1 of the Maryland Advance Directive

There are two legal documents/forms in Maryland. An Advance Directive is Form 1 (which includes Living Will and Selection of Agent) that allows you to refuse the medical treatment you would or do not prefer if there comes an event you lose the ability to make decisions. 

Form 2 is Maryland's “After My Death,” form which allows you to make decisions regarding organ donation, whole body, and the final disposition of your remains. 

Part 1, Form 1: Appointment of Healthcare Agent

Form 1 of the Advance Directive is divided into three parts. You may fill out Part I/Part II, or both, depending on your needs but you must complete Part III.

In Part 1, you can fill this form out and provide all the details about the appointment of the Healthcare Proxy/Agent along with the instructions to be followed by him.

Maryland Advance Directive Sample Form

PART 1: SELECTION OF HEALTH-CARE AGENT


I select the following individual as my agent to make health care decisions for me: 


Name: Address: Telephone Numbers: (home and cell) 


B. Selection of Back-up Agents 

1. If my primary agent cannot be contacted in time or for any reason is unavailable or unable or unwilling to act as my agent, then I select the following person to act in this capacity: 

Name: Address: Telephone Numbers: (home and cell) 


2. If my primary agent and my first back-up agent cannot be contacted in time or for any reason are unavailable or unable or unwilling to act as my agent, then I select the following person to act in this capacity:

Name: Address: Telephone Numbers: (home and cell) 

Part 1, Section F, H, and I

Maryland Advance Directive Sample Form

PART 1, SECTION F, H, & I


(F) (Optional)

In Case of Pregnancy

If I am pregnant, my agent shall follow these specific instructions:

____________________________________________________

____________________________________________________

____________________________________________________


(H) (Mandatory)

Effectiveness of This Part

 My agent’s power is in effect: 

1. Immediately after I sign this document, subject to my right to make any decision about my health care if I want and am able to. 


((or))


 2. Whenever I am not able to make informed decisions about my health care, either because the doctor in charge of my care (attending physician) decides that I have lost this ability temporarily, or my attending physician and a consulting doctor agree that I have lost this ability permanently. 


(I) (Mandatory)

Waiver of Right to Revoke Appointment of Agent

 

Part 2, Form 1: Treatment Preferences (Living Will)

This section states your wishes regarding medical care when your doctor determines that either 

  • that you are terminally ill and to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or 
  • that you are in a persistent vegetative state.

Maryland Advance Directive Sample Form

PART 2:  INSTRUCTIONS FOR HEALTH CARE 


I want to say something about my goals and values, and especially what’s most important to me during the last part of my life: 

_______________________________________________

_______________________________________________

_______________________________________________


B. Preference in Case of Terminal Condition (If you want to state your preference, initial one only. 

If you do not want to state a preference here, cross through the whole section.) 


1. Keep me comfortable and allow natural death to occur. I do not want any medical interventions used to try to extend my life. I do not want to receive nutrition and fluids by tube or other medical means. 


((or)) 


2. Keep me comfortable and allow natural death to occur. I do not want medical interventions used to try to extend my life. If I am unable to take enough nourishment by mouth, however, I want to receive nutrition and fluids by tube or other medical means. 


((or)) 


3. Try to extend my life for as long as possible, using all available interventions that in reasonable medical judgment would prevent or delay my death.

…..

Part 3: Execution

You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required. 

Maryland Advance Directive Sample Form

PART 3 : EXECUTION


By signing below as the Declarant, 

I indicate that I am emotionally and mentally competent to make this advance directive and that I understand its purpose and effect. 


I also understand that this document replaces any similar advance directive I may have completed before this date. 


(Signature of Declarant) (Date) 


The declarant signed or acknowledged signing this document in my presence and, based upon personal observation, appears to be emotionally and mentally competent to make this advance directive. 


(Signature of Witness 1) (Date) Telephone Number(s)


(Signature of Witness 2) (Date) Telephone Number(s)

Form 2 (Optional) of the Maryland Advance Directive

Maryland After Death Sample Form

(OPTIONAL)

PART 1: DONATION OF ORGANS AT DEATH 


Upon my death: (mark applicable box) 

[   ] (a) I do not give any needed organs, tissues, or parts, OR 

[   ] (b) I give the following organs, tissues, or parts only 

My gift is for the following purposes: (strike any of the following you do not want) 

(i) Transplant 

(ii) Therapy 

(iii) Research

(iv) Education


PART 2: DONATION OF BODY 


After any organ donation indicated in Part I, I wish my body to be donated for use in a medical study program.


PART 3: DISPOSITION OF BODY AND FUNERAL ARRANGEMENTS


I want the following person to make decisions about the disposition of my body and my funeral arrangements: 

(Either initial the first or fill in the second.) 

The health care agent who I named in my advance directive. 

((or)) 

This person: 

Name: Address: 


PART 4: SIGNATURE AND WITNESSES


By signing below, I indicate that I am emotionally and mentally competent to make this donation and that I understand the purpose and effect of this document. 


(Signature of Donor) (Date) 

The Donor signed or acknowledged signing this donation document in my presence and, based upon personal observation, appears to be emotionally and mentally competent to make this donation. 


(Signature of Witness) (Date) Telephone Number(s) 

(Signature of Witness) (Date) Telephone Number(s) 




Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records. 

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

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Frequently Asked Questions

What is the difference between advance care planning and an advance directive?

The Advance Directive is a formalized version of your Advance Care Plan. An Advance Directive is a document through which you plan your healthcare and your preferences for your future care.

Is Five Wishes a legal document in Maryland?

Firstly, this form is optional, no one is mandated to fill it out, and other forms may be used and are just as valid legally. For example, a widely praised form called "Five Wishes" is available (for a small fee) from the non-profit organization Aging With Dignity.

What is the advance health care directive in Maryland?

An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.

How do I get a medical power of attorney in Maryland?

For the Power of attorney for your health (Advance Directive), you can appoint someone to make medical decisions for you by completing the Maryland Advance Directive Form. Two witnesses must sign the form. The form does not need to be notarized.

What makes an advance decision invalid?

An advance decision may only be considered valid when you're aged 18 and have the capacity to make and understand your decision when you made it and its consequences. If these conditions are not fulfilled, your Kentucky Advance Directive will not be valid.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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