Official Living Will Template for Maryland

How to Write Maryland Living Will

Having a living will in Maryland is a proactive measure to ensure that one's healthcare preferences are honored in situations where they may not be able to communicate their wishes. It's an important document that guides family members and healthcare providers on the types of medical treatment you want or do not want if you're unable to make decisions for yourself. Completing this form can bring peace of mind to both you and your loved ones. Here are the steps required to fill out a Maryland Living Will form properly.

1. Gather all required information including your full legal name, address, and date of birth. You will also need the same information for your healthcare agent(s) if you decide to appoint one.
2. Read the form carefully to understand the types of decisions that might need to be made on your behalf. This could include treatments you wish to refuse or accept under certain conditions.
3. In the section labeled "Life-Sustaining Treatments," indicate your preferences regarding the use of life-sustaining measures if you are in a terminal condition, in a persistent vegetative state, or have an end-stage condition. You typically have options to choose aggressive treatment, limited treatment, or comfort care.
4. If you are appointing a healthcare agent, fill in the details of the person or persons you trust to make healthcare decisions for you if you’re unable to do so. This can include their name, relationship to you, and contact information.
5. Discuss your wishes with the person you plan to appoint as your healthcare agent to ensure they understand and are willing to take on this responsibility.
6. Sign and date the form in the presence of two witnesses. The witnesses must also print their names, addresses, and sign and date the form. Be sure to review who can and cannot serve as a witness according to Maryland law.
7. If applicable, discuss your living will with your primary care physician and provide them with a copy. This ensures your medical records reflect your end-of-life care preferences.
8. Keep the original document in a safe but accessible place. Inform close family members, your healthcare agent, and your attorney (if you have one) of its location.

Once completed, your Maryland Living Will is a legal document. It should be respected by your family and healthcare providers, ensuring that your healthcare wishes are followed even when you are not in a position to communicate them yourself. Making updates to your living will as your health status or wishes change is just as important as creating one. Remember, having open and clear conversations with your loved ones and healthcare agent about your preferences can help ensure your wishes are honored.

What is a Maryland Living Will?

A Maryland Living Will is a legal document that allows a person to make decisions about their medical care in advance, in case they become unable to communicate their wishes due to illness or incapacity. This document specifies the individual's preferences regarding life-sustaining procedures, end-of-life care, and other critical medical decisions. The main purpose is to ensure that the person's healthcare preferences are respected and followed by healthcare providers and family members.

Who should have a Maryland Living Will?

Any adult who wishes to outline their preferences for medical treatment should consider creating a Living Will. It is especially important for those with serious health conditions, the elderly, or anyone undergoing high-risk surgery to have this document in place. However, it's advisable for all adults, regardless of their health status, to prepare a Living Will. This ensures that your wishes are known and can be acted upon in case of unexpected health crises.

How can someone create a Maryland Living Will?

To create a Maryland Living Will, an individual must follow these steps:

1. Review Maryland's specific requirements for a Living Will, including any statutory forms or language.
2. Decide on the treatments you wish to accept or refuse, especially concerning life-sustaining treatment and end-of-life care.
3. Complete the Maryland Living Will form, ensuring it meets state legal requirements. It's often advisable to consult with a healthcare professional or an attorney to help articulate your healthcare preferences accurately.
4. Sign the Living Will in the presence of witnesses and/or a notary, as required by Maryland law. The exact witnessing requirements can vary, so it's important to verify the current statutes.

After creating the Living Will, inform your family and healthcare providers about the document and provide them with copies to ensure your wishes are understood and accessible when needed.

What are the legal requirements for a Maryland Living Will to be valid?

For a Maryland Living Will to be legally valid, specific requirements must be met:

• The individual creating the Living Will (the declarant) must be at least 18 years old and of sound mind.
• The document must be in writing and express the declarant's wishes regarding life-sustaining procedures and other relevant medical treatments clearly.
• The Living Will must be signed by the declarant, or by another individual in the declarant's presence and at the declarant's express direction if the declarant is unable to sign the document themselves.
• The document must be witnessed by two individuals who are not beneficiaries of the declarant's estate, not responsible for the declarant's medical bills, and not related to the declarant by blood or marriage.

It's important to ensure that all legal requirements are met to guarantee that the Living Will is enforceable and respected by healthcare providers and family members.

Filling out a Maryland Living Will is an important step in planning for future medical care, ensuring that a person's wishes are respected if they are unable to communicate them due to a medical condition. However, errors can easily be made during this sensitive process. Here are four common mistakes to avoid:

1. Not being specific about medical treatments. Many individuals make the mistake of using vague terms without specifying which life-sustaining treatments they would like to refuse or accept. It's vital to be as clear as possible about your wishes regarding procedures such as mechanical ventilation, feeding tubes, and resuscitation.

2. Failing to discuss the document with their healthcare proxy. A healthcare proxy, also known as a healthcare agent, makes medical decisions on your behalf if you're unable to do so. It's a mistake not to have an in-depth conversation with your proxy about your wishes, values, and the reasoning behind your decisions. This ensures they are ready and willing to advocate for your preferences.

3. Not updating the document regularly. Life circumstances and medical preferences change. Yet, many forget to update their Living Will accordingly. Regular reviews and updates are essential, especially after major life events such as marriage, the birth of a child, or a significant change in health status.

4. Leaving the document inaccessible. Unfortunately, it's all too common for people to complete their Living Will and then store it in a place where nobody can find it when it's needed. Whether it's locked away in a safe or simply tucked in a book on a shelf, an inaccessible Living Will is as good as not having one. Always inform your healthcare proxy and close family members of its location, and consider giving copies to your primary care physician.

By avoiding these mistakes, you can help ensure that your healthcare wishes are clearly understood and respected.

When preparing for the future, especially in terms of healthcare decisions, the Maryland Living Will form is often accompanied by various other legal documents. These complementary forms enhance and clarify an individual's wishes, ensuring their healthcare preferences are respected and followed. The documents listed below are commonly used alongside a Maryland Living Will to provide a comprehensive approach to future healthcare planning.

• Advance Directive: Often integrated with the Living Will, an Advance Directive in Maryland allows an individual to appoint a health care agent to make decisions on their behalf if they become unable to do so. This document encompasses the Living Will but adds the crucial element of designating a health care proxy.
• Health Care Power of Attorney: Similar to the Advance Directive, this legal document permits an individual to designate a trusted person (agent) to make health care decisions on their behalf if they are incapacitated. The scope of authority granted can be tailored to the individual’s preferences.
• Durable Power of Attorney for Finances: While health care forms focus on medical decisions, a Durable Power of Attorney for Finances appoints someone to handle financial matters if an individual becomes incapacitated. This can include paying bills, managing investments, and other financial responsibilities.
• Do Not Resuscitate (DNR) Order: This medical order tells health care providers not to perform CPR if an individual’s breathing stops or if the heart stops beating. It is signed by a physician and is specifically for use in a medical setting.
• Organ Donor form: Individuals can indicate their wish to donate their organs and tissues upon death. This can be done through the Maryland Motor Vehicle Administration or by registering with a national organ donation registry.
• HIPAA Release Form: This form allows healthcare providers to share an individual's health information with specified individuals, such as family members or a designated health care agent. It is crucial for ensuring that agents can access the necessary information to make informed decisions.

Together, these documents provide a robust framework for individuals in Maryland to express their healthcare wishes and ensure they are adhered to. It is vital to consult legal professionals when drafting these documents to ensure they meet all legal requirements and accurately reflect the individual’s wishes. Properly executed, these documents work in concert to offer peace of mind and clear directions for both individuals and their families during difficult times.

The Maryland Living Will form is similar to other advance directive documents designed to specify an individual's preferences regarding medical treatment in the event they become incapacitated and cannot communicate their wishes directly. These documents are instrumental in providing clear instructions to healthcare providers and loved ones, ensuring that the individual’s healthcare choices are respected.

Healthcare Power of Attorney (HCPA): This document is akin to the Maryland Living Will form in that it allows an individual to designate another person (an agent) to make healthcare decisions on their behalf if they are unable to do so. The key similarity lies in their mutual purpose to ensure that medical treatment aligns with the individual's preferences. However, a significant difference is that the Healthcare Power of Attorney covers a broader spectrum of decisions beyond those related to life-sustaining treatments, encompassing all aspects of personal care and medical decisions.

Durable Power of Attorney for Health Care: Closely related to the Healthcare Power of Attorney, this document specifically emphasizes the durability aspect, meaning it remains in effect even if the individual becomes mentally incapacitated. Like the Maryland Living Will, it allows individuals to make proactive decisions about their healthcare. The main distinction between them is that the Durable Power of Attorney for Health Care appoints an agent to make decisions across a wide range of health issues, not limited to end-of-life situations.

Do Not Resuscitate (DNR) Order: A DNR order directs medical personnel not to perform cardiopulmonary resuscitation (CPR) if a person's breathing stops or if the heart stops beating. The Maryland Living Will form often includes preferences for such orders, making it somewhat similar. Both documents are designed to guide medical care based on the patient’s wishes. However, the DNR is more specific in its application, focusing solely on the absence of CPR in emergency situations, and is typically signed by both the patient and the physician.