Homepage Fillable Living Will Template for Maryland State
Outline

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.

  1. 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    • All treatments that might extend my life be withheld or withdrawn, except as necessary to keep me comfortable.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): ______________________________________________________
  2. 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): ___________________________________________
  3. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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).
  8. 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.
  9. 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:

  1. 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.
  2. 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.
  3. 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.
  4. Forgetting to update the document: Life circumstances and medical diagnoses can change, necessitating updates to the living will to reflect current wishes.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

Documents used along the form

When preparing a Maryland Living Will, it is essential to also consider other forms and documents that support and complement your healthcare and end-of-life wishes. These documents not only enhance the directives given in a Living Will but also ensure comprehensive coverage of various contingencies. Below is a list of documents often used alongside a Maryland Living Will.

  • Advance Directive: While sometimes used interchangeably with a Living Will, an Advance Directive can also include the appointment of a healthcare agent to make decisions when you cannot, adding an extra layer of clarity to your healthcare wishes.
  • Durable Power of Attorney for Healthcare: This legal document allows you to appoint someone you trust to make decisions about your medical care if you are unable to communicate. This is crucial for situations not covered by a Living Will.
  • Medical Orders for Life-Sustaining Treatment (MOLST): This form complements a Living Will by providing specific instructions to healthcare providers about life-sustaining treatments. It is particularly relevant for individuals with serious health conditions.
  • Durable Financial Power of Attorney: Beyond healthcare decisions, managing your finances is vital. This document appoints someone to handle your financial affairs if you become incapacitated, ensuring your bills and financial obligations are taken care of.
  • Will: This document outlines how your assets and estate will be distributed after your death. It is essential for ensuring your property is passed on according to your wishes and can also appoint a guardian for minor children.
  • Revocable Living Trust: A way to hold and manage your assets, both during your life and after. It can provide a seamless transfer of your assets upon death, avoiding the often lengthy and public probate process.
  • Organ and Tissue Donor Registry: If you wish to donate your organs or tissues after death, registering your decision with the state donor registry or noting it in a document can ensure your wishes are followed.
  • Funeral Planning Declaration: This document allows you to specify your preferences for your funeral arrangements, including burial or cremation, to alleviate the decision-making burden from your loved ones.

In conclusion, while a Maryland Living Will is a critical component of healthcare planning, it is most effective when combined with the other documents listed above. These complementary documents can provide a comprehensive plan for your healthcare, personal, financial, and estate matters, offering peace of mind to both you and your loved ones. Considering each of these documents as part of your end-of-life planning will ensure that your wishes are respected and followed in a variety of situations.

Similar forms

The Maryland Living Will form is similar to a variety of other legal documents that allow individuals to make their wishes known regarding medical treatment and end-of-life care. These documents, while differing in name and specific purpose, share common goals: they provide a mechanism for individuals to communicate their healthcare preferences and appoint decision-makers on their behalf in case they are unable to do so themselves. Each document has its nuances, but together they form a comprehensive approach to planning for medical care.

Advance Health Care Directive: This document is very similar to the Maryland Living Will form in that it allows individuals to outline their healthcare preferences, including treatments they do and do not want to receive at the end of life. The significance of the Advance Health Care Directive is that it combines elements of a living will with the appointment of a healthcare agent (also known as a healthcare proxy), thus enabling someone to make healthcare decisions on the person’s behalf if they are incapacitated. This dual functionality makes it a versatile document for planning ahead.

Durable Power of Attorney for Health Care: While similar to the Advance Health Care Directive, the Durable Power of Attorney for Health Care primarily focuses on the appointment of an agent to make healthcare decisions on someone's behalf, rather than detailing specific treatment preferences. This document becomes effective only when the individual is deemed incapable of making their own healthcare decisions. It's an essential tool for ensuring that someone trusted can oversee healthcare decisions according to the individual’s general wishes and best interests.

Do Not Resuscitate (DNR) Order: The DNR order shares a specific and critical similarity with the Maryland Living Will form in terms of end-of-life care decisions. It is a physician's order that instructs healthcare providers not to perform cardiopulmonary resuscitation (CPR) if a patient's breathing stops or if the heart stops beating. Unlike a Living Will or Advance Directive that an individual creates, a DNR order must be signed by a doctor. This makes it immediately actionable in the medical setting, providing clear and direct instructions in critical moments.

Dos and Don'ts

When filling out the Maryland Living Will form, it is crucial to proceed with caution and understanding. This document allows you to express your wishes regarding medical treatment in the event that you are unable to communicate them yourself. Paying close attention to the details and taking deliberate steps can ensure your intentions are clearly understood and legally respected. Here are some guidelines to consider:

Do:

  1. Review the form thoroughly before writing. Understanding every section ensures that no part of your wishes is overlooked.

  2. Consult with a healthcare provider for any medical terms or treatments you're unsure about. Accurate information can help you make informed decisions about your care preferences.

  3. Use clear and precise language to describe your wishes. Ambiguities can lead to interpretation issues in critical moments.

  4. Sign the document in the presence of a notary or witnesses as required by Maryland law. This formalizes your living will, making it legally binding.

Don't:

  1. Rush through the process. Taking your time to reflect on your values and wishes ensures that the document accurately represents your healthcare preferences.

  2. Leave spaces blank if they don’t apply. If a section is not applicable, write “N/A” to indicate that you did not overlook it.

  3. Forget to update your living will as your health or wishes change. Regularly reviewing and revising your document keeps it relevant to your current desires.

  4. Rely solely on verbal agreements with family or your doctor. Without your wishes documented in writing, there could be confusion or disputes later on.

Misconceptions

When it comes to planning for your health care wishes in the state of Maryland, understanding the Living Will form is crucial. Unfortunately, several misconceptions can lead to confusion. Let’s clear up some common misunderstandings:

  • A Living Will is the same as a Last Will and Testament: This is a common misconception. A Living Will focuses on your wishes regarding medical treatment in situations where you cannot speak for yourself, while a Last Will and Testament deals with the distribution of your property after you pass away.

  • If you're young and healthy, you don't need a Living Will: Life is unpredictable. Illnesses and accidents can happen at any age, making it essential for anyone over 18 to consider having a Living Will. It ensures that your medical wishes are known and can be followed, no matter your age or health status.

  • Creating a Living Will is a complicated process: Actually, creating a Living Will in Maryland can be straightforward. The state provides forms designed to be completed without the need for a lawyer. However, consulting with a professional can help ensure that all your wishes are accurately documented.

  • A Living Will is only for end-of-life decisions: While it's true that many Living Will directives address end-of-life care, such as the use of life-sustaining treatments, these documents can also cover other medical decisions, including preferences for pain management, organ donation, and more.

  • Once you sign a Living Will, you cannot change it: Like most legal documents, you can revise your Living Will as your wishes or situations change. It’s a good practice to review and consider updating your Living Will periodically, especially after major life events like marriage, the birth of a child, divorce, or a significant change in health.

  • Your family can override your Living Will: A properly executed Living Will is legally binding in Maryland. This means that healthcare providers are required to follow it, even if it goes against what your family wants. It's crucial to discuss your wishes with your family to ensure they understand and support your decisions.

Understanding these key points can help eliminate confusion around the Living Will form and ensure that your healthcare wishes are respected. Planning ahead with a Living Will can provide peace of mind to you and your loved ones.

Key takeaways

Filling out a Living Will in Maryland is an important step in ensuring your healthcare choices are respected, especially during times when you may not be able to communicate your wishes. This document allows you to specify the kinds of medical treatments and life-sustaining measures you want—or don't want—should you become incapacitated. Here are five key takeaways to consider when filling out and using the Maryland Living Will form:

  • Understanding the Document: A Living Will, also known in Maryland as an Advance Directive, is a legal document. It allows you to express your preferences about medical treatment in advance. It's crucial to understand each section of the form to ensure your healthcare wishes are accurately captured.
  • Legally Binding: Once properly completed and signed, the Maryland Living Will is a legally binding document. Healthcare providers are obligated to follow the directions provided in this document, so it's important to clearly state your wishes regarding life-sustaining treatments, such as resuscitation, mechanical ventilation, and tube feeding.
  • Choosing a Healthcare Agent: One section of the Maryland Living Will form lets you appoint a healthcare agent. This person, sometimes referred to as a healthcare proxy, will make healthcare decisions on your behalf if you are unable to do so yourself. Choosing a trusted individual who understands and agrees to honor your healthcare preferences is crucial.
  • Witness Requirements: For your Living Will to be valid in Maryland, it must be signed in the presence of two witnesses. Witnesses must be adults, and they must not be your appointed healthcare agent or beneficiaries of your estate. The witness requirement is designed to add an extra layer of validity and protection against fraud.
  • Review and Update Regularly: Life circumstances and medical preferences can change over time. It is advisable to review and, if necessary, update your Living Will periodically. This ensures that the document reflects your current healthcare wishes. Significant life events, such as marriage, divorce, the birth of a child, or a change in health status, are good times to revisit your Living Will.
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