Maryland health care power of attorney is legal document that gives your agent broad powers to make health care decisions for you - medical power of attorney - hcpoa
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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
Legal Helpmate® provides you with two options
1) The Premium Package - Maryland Advance Health Care Directive contains the following documents:
- Revocable Living Will with Organ Donation Provision
- Durable Power of Attorney for Health Care
- Durable Springing Power of Attorney for Property and Finance
2) The Basic Package - Maryland Advance Health Care Directive contains the following documents:
- Revocable Living Will with Organ Donation Provision
- Durable Power of Attorney for Health Care
Maryland Revocable Living Will with Organ Donation Provision
In Maryland any competent individual may, at any time, make a written advance directive regarding the provision of health care to that individual, or the withholding or withdrawal of health care from that individual.
A living will is a statement, made in advance, of your wishes with regards to usage of life supporting devices and medical treatment in case you are in permanent vegetative state or unconscious.
The absence of an advance directive creates no presumption as to the patient's intent to consent to or refuse life-sustaining procedures.
It is to be followed when the person has a terminal illness, is in a persistent vegetative state, or at the end-stage of a serious illness, and can no longer speak for him or herself.
Before signing living will you need to discuss you treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want.
A living will does not appoint an agent. However, a living will may be combined with appointment of an agent through an advance directive.
If you have both a health care power of attorney and a living will, the agent you name in your power of attorney will make your health-care decisions unless he or she is unavailable.
A written Maryland advance directive (living will) must be dated, signed by or at the express direction of the declarant, and subscribed by two witnesses.
Any competent individual may serve as a witness to a living will, including an employee of a health care facility or physician caring for the declarant if acting in good faith.
At least one of the witnesses must be an individual who is not knowingly entitled to any portion of the estate of the declarant or knowingly entitled to any financial benefit by reason of the death of the declarant.
Maryland living will may be revoked at any time by a declarant by a signed and dated writing, by physical cancellation or destruction, by an oral statement to a health care practitioner or by the execution of a subsequent directive.
An advance directive may contain a statement by a declarant that the declarant consents to the gift of all or any part of the declarant's body for any one or more of the purposes.
If the advance directive is written, make the advance directive or a copy of the advance directive a part of the declarant's medical records.
If there is something you do not understand about this legal document you should consult an attorney.
Maryland Health Care Power of Attorney
Maryland Health Care Decisions Act allows an adult (or an emancipated minor) who has decision-making capacity to deal with future health care issues by creating a written appointment of an agent to make health care decisions for the patient, sometimes called a proxy directive or durable power of attorney for health care.
The Durable Power of Attorney for Health Care is an important legal document. It gives the health care agent authority to make any and all decisions the patient would make, if able. This includes:
- receiving the same medical information the patient would receive;
- conferring with the medical team;
- reviewing medical records;
- asking questions and getting explanations;
- discussing treatment options;
- requesting consultations and second opinions;
- consenting to or refusing medical tests or treatments, including life-sustaining treatment;
- authorizing a transfer to another doctor or institution, including another type of facility (such as a hospital or skilled nursing home).
A health care agent is an individual appointed in your health care directive to make health care decisions for you when you are unable to make such decisions.
A health care agent may be a family member or someone else. The agent has a duty to act in the best interest of Principal. The agent should advocate for the patient.
An owner, operator, or employee of a health care facility from which the declarant is receiving health care may NOT serve as a health care agent unless the person would qualify as a surrogate decision maker.
You may name co-agents and successor agents under this form, but you may not name a health care provider who may be directly or indirectly involved in rendering health care to you under this power.
Unless you expressly limit the duration of this power in the manner provided below or until you revoke this power or court acting on your behalf terminates it, your agent may exercise the powers given in this power throughout your lifetime, even after you become disabled, incapacitated, or incompetent.
You may also use Maryland Durable Power of Attorney for Health Care to authorize your attorney in fact to make an anatomical gift upon your death.
This Health Care Power of Attorney must be dated, signed by or at the express direction of the declarant, and subscribed by two witnesses.
Any competent individual may serve as a witness to an advance directive, including an employee of a health care facility or physician caring for the declarant if acting in good faith.
The health care agent of the declarant may not serve as a witness.
At least one of the witnesses must be an individual who is not knowingly entitled to any portion of the estate of the declarant or knowingly entitled to any financial benefit by reason of the death of the declarant.
A declarant has the responsibility to notify the attending physician that health care power of attorney (advance directive) has been made. In the event the declarant becomes comatose, incompetent, or otherwise incapable of communication, any other person may inform the physician of the existence of an advance directive.
An attending physician who is notified of the existence of the health care power of attorney (advance directive) must make the advance directive or a copy of the advance directive a part of the declarant's medical records; or
A declarant has the responsibility to notify a health care agent that the agent has been named in an advance directive to act on the declarant's behalf.
Do not sign Maryland Durable Power of Attorney for Health Care unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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