Fillable Living Will Template for Maryland State
In today's uncertain world, taking the reins on one's future healthcare decisions has never been more paramount. The Maryland Living Will form serves as a pivotal tool in this endeavor, allowing individuals to articulate their wishes regarding medical treatment in instances where they are unable to communicate these desires themselves. This legal document not only underscores the importance of personal autonomy in healthcare but also significantly eases the emotional burden on loved ones by providing clear instructions in times of crisis. It covers a wide array of decisions, from the refusal of life-sustaining treatments to the preferences for pain management and organ donation. Furthermore, the form's binding nature ensures that healthcare providers adhere to the patient's wishes, making it an indispensable element of healthcare planning. Understanding the major aspects of the Maryland Living Will form is the first step in advocating for one's health care preferences and ensuring they are respected, regardless of what the future holds.
Maryland Living Will Sample
Maryland Living Will Template
This Living Will template is designed to comply with the Maryland Health Care Decisions Act. It allows you to express your wishes about medical treatment in the event that you become unable to communicate your decisions. It is important to fill out this document carefully and review it regularly to ensure it reflects your current wishes.
Personal Information
Name: ___________________________________________________________
Date of Birth: ______________________
Address: _________________________________________________________
City: _________________________ State: MD Zip Code: _______________
Health Care Instructions
In the event that I become incapacitated and am unable to communicate my wishes directly, I direct that my health care providers and family or other individuals who are involved in my care follow the instructions provided in this document.
- Life-Sustaining Treatment
If I am in a terminal condition, a persistent vegetative state, or an end-stage condition, and am unable to make my own health care decisions, I direct that:
- All treatments that might extend my life be provided.
- All treatments that might extend my life be withheld or withdrawn, except as necessary to keep me comfortable.
- Specific instructions regarding life-sustaining treatment (please specify): ______________________________________________________
- Artificial Nutrition and Hydration
If I am unable to take food or water by mouth, I wish to receive artificially provided nutrition and hydration:
- Yes, under any circumstances.
- No, I do not want to receive artificial nutrition and hydration.
- Yes, but only if my physician believes it will provide comfort.
- Specific instructions regarding artificial nutrition and hydration (please specify): ___________________________________________
- Additional Instructions
You may provide any additional instructions regarding your health care wishes below:
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
Primary Health Care Agent
If I am unable to make my own health care decisions, I designate the following individual as my primary health care agent:
Name: ___________________________________________________________
Relationship to me: ______________________________________________
Phone number: ________________________ Email: ____________________
Address: _________________________________________________________
Alternate Health Care Agent
If my primary health care agent is unable, unwilling, or unavailable to act on my behalf, I designate the following individual as my alternate health care agent:
Name: ___________________________________________________________
Relationship to me: ______________________________________________
Phone number: ________________________ Email: ____________________
Address: _________________________________________________________
Signature
I understand the contents of this document and I declare that the health care instructions it contains accurately reflect my wishes. This document revokes any prior living will or health care directive I have made.
Signature: _______________________________ Date: _________________
Witness (1) Name: ________________________________________________
Witness (1) Signature: _____________________ Date: ________________
Witness (2) Name: ________________________________________________
Witness (2) Signature: _____________________ Date: ________________
Note: It is recommended that this document be notarized to further validate the authenticity of the signatures.
File Properties
| Fact | Detail |
|---|---|
| Governing Law | The Maryland Living Will is governed by the Health Care Decisions Act, which is found in §§5-601–5-6A-01 of the Health-General Article, Annotated Code of Maryland. |
| Purpose | It allows individuals to express their wishes regarding life-sustaining procedures should they become terminally ill, in a persistent vegetative state, or suffer from an end-stage condition, where death is imminent and where they are unable to make or communicate decisions. |
| Form Name | The document is formally known as an "Advance Directive" in Maryland, which includes both a Living Will and a Health Care Power of Attorney. |
| Requirement | To be considered valid, the form must be either signed in the presence of two witnesses or notarized. |
| Age Requirement | Individuals must be at least 18 years old to create a Living Will in Maryland. |
| Witness Restrictions | Witnesses to the document cannot be someone who stands to inherit from the individual (the declarant), the individual's attending physician, or an owner/operator or employee of the health care facility where the declarant is a patient. |
| Revocation | A Living Will can be revoked at any time by the declarant through several methods, including creating a new directive, physically destroying the original document, or expressing the intent to revoke verbally. |
| Scope of Decision | The form covers decisions related to the use of life-sustaining procedures, including artificial nutrition and hydration, when the individual is in a terminal condition, an end-stage condition, or in a persistent vegetative state. |
| Accessibility | The law encourages accessibility by allowing the storage of such directives in electronic form and the creation of a registry for ease of access by health care providers. |
| Health Care Agent | An individual can appoint a health care agent in the Advance Directive form to make health care decisions on their behalf if they become incapable of making or communicating health care decisions. |
Steps to Filling Out Maryland Living Will
In the context of planning for future healthcare decisions, residents of Maryland have the option to complete a Living Will. This legal document enables individuals to outline their preferences regarding medical treatment in scenarios where they are unable to communicate their wishes directly. It's a crucial step for ensuring that one's healthcare preferences are known and respected, providing peace of mind both to the individual and their loved ones. The process of completing the Maryland Living Will form is straightforward, and by following a set of step-by-step instructions, individuals can ensure that their healthcare directives are clearly articulated and legally recognized.
- Begin by obtaining the Maryland Living Will form. This document is available online from various reputable sources, including healthcare providers and legal assistance organizations in Maryland.
- Read the instructions provided with the form thoroughly before filling it out. This ensures clarity on the purpose of each section and what is required.
- In the first section, provide your personal information, including your full name, date of birth, and address. This identifies you as the creator of the Living Will.
- Proceed to outline your treatment preferences in the event of a terminal condition, end-stage condition, or persistent vegetative state. Be as specific as possible about your wishes regarding life-sustaining procedures, including resuscitation, mechanical ventilation, and artificial nutrition and hydration.
- If you have strong preferences about pain relief, specify them in the designated section. Indicate whether your desire for pain relief should override any other treatment preferences you've specified.
- Appoint a healthcare agent by providing the name, relationship, address, and contact information of the person you trust to make healthcare decisions on your behalf if you're unable to do so. Ensure this person has agreed to act in this capacity before listing them.
- Review the section regarding organ and tissue donation, if applicable. Indicate whether you wish to donate your organs and/or tissues after death and for what purposes (e.g., transplantation, research, education). APC 8nly sign and date the form in the presence of two witnesses or a notary public. The witnesses must meet the criteria specified in the instructions, generally including being 18 years or older and not being a healthcare provider directly involved in your care.
- Distribute copies of the completed form to your healthcare agent, family members, primary care physician, and any other relevant healthcare providers. Keep the original in a safe but accessible place.
Completing a Living Will is an act of foresight and responsibility. It requires contemplation and careful decision-making but ultimately ensures that your healthcare preferences are understood and respected, even when you cannot express them yourself. Remember to review and update your Living Will periodically, especially after major life changes or shifts in your healthcare preferences.
More About Maryland Living Will
What is a Maryland Living Will?
A Maryland Living Will, also known as an advance directive, is a legal document that allows individuals to state their wishes regarding medical treatment in the event they become incapacitated and are unable to communicate their decisions. It ensures that healthcare providers follow the patient's desires concerning life-sustaining treatments and end-of-life care.
Who should have a Maryland Living Will?
Any person over the age of 18 who wishes to have control over their medical treatment decisions should consider creating a Living Will. It is particularly important for those with strong feelings about certain medical treatments or those with chronic or serious health conditions.
What kind of medical decisions can be included in a Maryland Living Will?
In a Maryland Living Will, individuals can make decisions about:
- The use of life-sustaining procedures, such as mechanical ventilation and artificial nutrition and hydration
- The refusal of specific treatments that might extend life in terminal or permanently unconscious conditions
- Pain management and comfort care preferences
- Donation of organs and body for scientific study
How can someone create a Maryland Living Will?
To create a Maryland Living Will, one must complete a Living Will form that complies with Maryland law. This process involves selecting healthcare preferences, signing the document in the presence of witnesses, and, in some cases, having it notarized. It is advisable to consult with a legal professional to ensure the document accurately reflects one's wishes and complies with state law.
Do Living Wills need to be notarized or witnessed in Maryland?
In Maryland, Living Wills do not have to be notarized, but they must be signed in the presence of two witnesses. The witnesses must be over 18 years old and cannot be individuals who stand to inherit from the declarant or be responsible for the declarant's medical care costs.
Can a Maryland Living Will be revoked?
Yes, a Maryland Living Will can be revoked at any time by the declarant, regardless of their physical or mental condition. Revocation can be done in several ways, including creating a new Living Will, physically destroying the original document, expressing the intent to revoke the document in front of a witness, or any other act indicating a clear intent to revoke the will.
What happens if someone doesn't have a Living Will in Maryland?
Without a Living Will, medical decisions for someone who becomes incapacitated and unable to communicate will be made by their healthcare providers or appointed health care agents, in accordance with Maryland law. This may result in medical treatments that the person might not have wanted. To ensure one's healthcare wishes are followed, it is advised to create a Living Will.
Common mistakes
Filling out a Maryland Living Will is a significant step in planning for future healthcare decisions. However, mistakes can be made during this process, complicating or even undermining one’s intentions. Here are common errors to avoid:
- Not thoroughly reading the instructions: The form comes with specific instructions that are crucial for proper completion. Skipping parts can lead to misunderstandings about what's required.
- Using unclear language: It’s important to use precise language that leaves no room for interpretation. Ambiguous terms might cause confusion among those entrusted to uphold the living will’s directives.
- Omitting details about treatment preferences: Being too general about one’s healthcare preferences may not provide clear guidance in all situations. It’s better to be as specific as possible about treatments you do or do not want.
- Forgetting to update the document: Life circumstances and medical diagnoses can change, necessitating updates to the living will to reflect current wishes.
- Failing to discuss the living will with family: Not communicating one's wishes with family members often leads to confusion and conflict during critical times.
- Not having the document properly witnessed: Maryland law requires living wills to be witnessed in a specific way. Failure to meet these requirements can invalidate the document.
- Choosing a healthcare agent without sufficient thought: The appointed healthcare agent should be someone trustworthy, willing, and able to make decisions aligned with the principal’s values and wishes.
- Neglecting to consider all health scenarios: It’s wise to think about various health outcomes and scenarios, ensuring the living will provides guidance for as many situations as possible.
- Not including alternate agents: If the primary agent is unable to serve, having an alternate agent listed can prevent a vacuum in decision-making authority.
- Failing to sign or date the document: A living will must be signed and dated to be legally effective. Overlooking this step renders the document incomplete.
In making a Maryland Living Will, taking time to avoid these common pitfalls can greatly assist in ensuring that one’s healthcare wishes are understood and respected.