Maryland law allows any adult to execute a document: revocable living will, power of attorney for health care directing that life-sustaining procedures be withheld or withdrawn
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Maryland Advance Health Care Directive. It is not mandatory that you have health care directive, however it is highly recommended. Without advance directive you can not communicate your wishes to the doctor |
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The Health Care Decisions Act allows an adult (or an emancipated minor) who has decision-making capacity to deal with future health care issues by any of the following three methods:
An "advance directive" is: A witnessed written document, voluntarily executed by the declarant in accordance with the statutory requirements; or a witnessed oral statement, made by the declarant in accordance with the statutory requirements. An "agent" is an adult appointed by the declarant under an advance directive made in accordance with the provisions of this subtitle to make health care decisions for the declarant. A "competent individual is a person who is at least 18 years of age or who has the same capacity as an adult to consent to medical treatment and who has not been determined to be incapable of making an informed decision. The "declarant" is a competent individual who makes an advance directive while capable of making and communicating an informed decision. A "life sustaining procedure" (which includes artificially administered hydration and nutrition, and cardiopulmonary resuscitation) is any medical procedure, treatment, or intervention that:
A "terminal condition" is an incurable condition caused by injury, disease, or illness which, to a reasonable degree of medical certainty, makes death imminent and from which, despite the application of life sustaining procedures, there can be no recovery. Living Will 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.Health Care Agent 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. An agent has decision making priority over any individuals otherwise authorized under this subtitle to make health care decisions for a declarant. An advance directive appointing a health care agent is not the same as a living will. 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. It is to be followed when the person has a terminal illness, is in a persistent vegetative state, or the end-stage of a serious illness, and can no longer speak for him or herself. A living will does not appoint an agent. However, a living will may be combined with appointment of an agent through an advance directive. A health care agents authority is defined by the individual creating the advance directive. Unless the advance directive provides otherwise, a health care agent has authority to decide about life-sustaining procedures and, unlike a surrogate decision maker, may decide to forgo life-sustaining procedures even if the patient has not been certified to be in one of the Acts three specified conditions. Unless the advance directive provides otherwise, an agent is to make a decision that is consistent with the patients wishes or, if those wishes are unknown or unclear, that is in the patients best interests. If the individual has given unambiguous instructions about life-sustaining procedures in the same or another legally valid advance directive that are intended to be followed strictly, the agent is obliged to carry out those instructions. Implementing Instructions: If an advance directive does not name a health care agent but does instruct that life-sustaining procedures be withheld or withdrawn in the event of terminal or end-stage condition or persistent vegetative state, the advance directive may be implemented only if the patients attending physician and a consulting physician certify, to a reasonable degree of medical certainty, that the patient is in one of these three conditions. Signature and Witnesses A written advance directive 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. Oral Directive Any competent individual may make an oral advance directive to authorize the providing, withholding, or withdrawing of any life sustaining procedure or to appoint an agent to make health care decisions for the individual. An oral advance directive shall have the same effect as a written advance directive if made in the presence of the attending physician and one witness and documented as part of the individual's medical record. The documentation shall be dated and signed by the attending physician and the witness. Unless otherwise provided in the document, an advance directive shall become effective when the declarant's attending physician and a second physician certify in writing that the patient is incapable of making an informed decision. If a patient is unconscious, or unable to communicate by any means, the certification of a second physician is not required.Notice to the agent A declarant has the responsibility to notify the attending physician that an 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 advance directive must:
Form Use of the statutory form is optional. You may prepare documents worded as you choose.Revocation An advance directive 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.It is the responsibility of the declarant, to the extent reasonably possible, to notify any person to whom the declarant has provided a copy of the directive. Anatomical Gifts in Advance 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 specified in Title 4, Subtitle 5 of the Estates and Trusts Article.If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you. You should talk with your family, your health-care professional, your attorney, and any agent or attorney-in-fact that you appoint about your health care decision to make one or more advance directives. If they know what health care you want, they will find it easier to follow your wishes. If you cancel or change an advance health care directive in the future, remember to tell these same people about the change or cancellation. |
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