Official Living Will Template for Maryland

What is a Maryland Living Will?

A Maryland Living Will, also known as an "Advance Directive," is a legal document that allows individuals to outline their preferences for medical treatment in the event that they are unable to communicate their decisions due to a serious illness or incapacity. This document helps guide healthcare providers and loved ones in making decisions that align with the individual's wishes.

Who should have a Maryland Living Will?

Any adult resident of Maryland who wishes to have control over their future healthcare decisions should consider creating a Living Will. It is particularly important for individuals with specific wishes about their healthcare or those with chronic or serious medical conditions.

How do I create a Maryland Living Will?

To create a Living Will in Maryland, you must:

1. Complete the Maryland Advance Directive form, which includes sections on a Living Will and health care power of attorney.
2. Be sure to clearly state your healthcare preferences regarding treatments that prolong life, such as life support and artificial nutrition.
3. Sign the document in front of two witnesses, who must also sign the document. The witnesses cannot be individuals who stand to inherit from you or those involved in your healthcare.

Is a lawyer required to create a Maryland Living Will?

No, a lawyer is not required to create a Living Will in Maryland. However, consulting with a lawyer can be helpful to ensure that the document meets all legal requirements and accurately reflects your wishes.

Does my Maryland Living Will need to be notarized?

While notarization is not a requirement for a Maryland Living Will, it can add an additional layer of validity to the document. It's optional but not necessary for the Living Will to be legally binding.

What should I do with my completed Maryland Living Will?

Once your Living Will is completed, it's important to:

• Keep the original document in a safe but accessible place.
• Provide copies to your healthcare proxy (the person you've appointed to make decisions if you're unable), close family members, and your primary care physician.
• Consider giving a copy to your attorney, if you have one, for safekeeping.

Can I change or revoke my Maryland Living Will?

Yes, you can change or revoke your Maryland Living Will at any time as long as you are of sound mind. To do so, you can either create a new Living Will that states it revokes all previous documents or physically destroy the original document with the intent to revoke it. Communicating these changes to everyone who had a copy of the old Living Will is important to ensure your current wishes are known.

What happens if I move out of Maryland or am receiving care in another state?

If you move out of Maryland or are receiving medical care in another state, it's wise to review your Living Will to ensure it complies with the new state's laws. While many states have provisions that recognize out-of-state Advanced Directives, laws vary, and ensuring your Living Will meets local requirements can avoid any issues.

1. Not specifying clear healthcare directives: People often fail to provide detailed instructions in their living will. This includes specifying the types of life-sustaining treatments they do or do not want, such as resuscitation or artificial life support. Without clear directives, healthcare providers may find it challenging to follow the individual's wishes accurately.

2. Failing to appoint a healthcare agent: A crucial step that is sometimes overlooked is the appointment of a healthcare agent. This person, also known as a healthcare proxy, is authorized to make medical decisions on the individual's behalf if they become unable to do so. Neglect make this difficult for family members to make informed decisions during critical times.

3. Not discussing wishes with the appointed agent: Even when an agent is appointed, a common mistake is not having a thorough discussion with this person about the individual's healthcare wishes. Ensuring the agent fully understands their preferences and the responsibilities involved is crucial for the effective implementation of the living will.

4. Overlooking the need for witnesses and/or notarization: Maryland law requires that living wills must be either witnessed or notarized to be considered valid. People often forget this step, thereby risking the validity of their document. Ensuring that all legal requirements are met can save a lot of trouble and confusion later on.

5. Forgetting to update the document: Life circumstances change, and so may an individual's healthcare wishes. Failing to periodically review and update the living will to reflect current preferences and medical conditions is a mistake that can lead to unwanted medical interventions or the omission of necessary ones.

6. Misunderstanding the document's scope: Sometimes people mistakenly believe that a living will covers more than it actually does. For instance, it does not take effect unless the individual is incapacitated and facing a life-threatening condition. Understanding the limitations and scope of the living will ensures that it functions as intended when needed.

When considering the completion of a Maryland Living Will, individuals are engaging with an important aspect of planning for their future healthcare needs. A Living Will, in essence, allows individuals to outline their preferences regarding the types of medical treatment they wish to receive or decline in the event they become unable to communicate those decisions themselves. However, to ensure comprehensive healthcare planning, there are several other documents that are often used alongside a Living Will. Each of these plays a pivotal role in safeguarding an individual's healthcare wishes and legal rights.

• Healthcare Power of Attorney (HCPA): This document appoints a trusted individual to make healthcare decisions on behalf of the person, should they become incapable of making those decisions themselves. It complements the Living Will by covering health care decisions that may not be specifically addressed in the latter.
• Advance Directive: Sometimes used interchangeably with a Living Will, an Advance Directive can include both the Living Will and the Healthcare Power of Attorney, offering a comprehensive approach to future healthcare planning.
• Do Not Resuscitate (DNR) Order: A DNR is a medical order, signed by a doctor, that instructs healthcare providers not to perform CPR if a patient's breathing stops or if the heart stops beating. It's often included in the medical records of individuals with a serious illness or at the end of life.
• Organ and Tissue Donation Form: This form allows individuals to document their wishes regarding organ and tissue donation after death. It can be a standalone document or included as part of an Advance Directive.
• HIPAA Release Form: The Health Insurance Portability and Accountability Act (HIPAA) keeps medical information private. A HIPAA Release Form allows healthcare providers to share an individual's health information with designated persons.
• MOLST Form: The Medical Orders for Life-Sustaining Treatment (MOLST) form records a patient's preferences for life-sustaining treatments, including resuscitation, mechanical ventilation, and tube feeding, based on discussions with their doctor.
• Letter of Instruction: Though not a legal document, a Letter of Instruction provides an opportunity to communicate personal wishes and instructions that may not be covered by legal documents. It can include funeral arrangements, passwords to digital accounts, or other personal messages.

In preparing for future healthcare situations, these documents offer a broad spectrum of options to ensure one's healthcare preferences are known and respected. Utilizing them alongside a Maryland Living Will can provide peace of mind and clarity for both the individual and their loved ones, making potentially challenging decisions clearer and more manageable. It's advisable to consult with a healthcare attorney to ensure that these documents are properly executed and to understand how they work together to protect an individual's healthcare wishes.

The Maryland Living Will form is similar to other advance directive forms used in various jurisdictions, to document an individual's health care preferences in case they become unable to make those decisions themselves. This form serves a critical role, allowing individuals to outline their wishes regarding life-sustaining treatments, organ donation, and more. Understanding the similarities and differences between the Maryland Living Will and other documents can help individuals make informed decisions about their health care planning.

One document that resembles the Maryland Living Will is the Health Care Power of Attorney (HCPOA). Both documents are integral to advance care planning, serving complementary roles in a person's health care directive strategy. The Maryland Living Will focuses primarily on the specific medical treatments an individual desires or wishes to avoid at the end of life. Conversely, the HCPOA appoints a trusted individual, often referred to as a health care agent, to make health care decisions on behalf of the person if they become incapacitated. While the HCPOA grants authority to make broad health care decisions, the Living Will provides detailed instructions about those decisions.

Another similar document is the Do Not Resuscitate (DNR) Order. Like the Maryland Living Will, a DNR Order is a medical order that applies in situations where an individual cannot communicate their health care preferences. The primary focus of a DNR Order is to instruct health care providers not to perform cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest. While the Living Will covers a broader range of medical interventions and treatments, the DNR Order specifically addresses CPR and similar life-sustaining measures. Both documents are crucial for communicating an individual's preferences regarding emergency medical interventions.

The Five Wishes Document also shares similarities with the Maryland Living Will. Considered a comprehensive living will, the Five Wishes Document addresses personal, emotional, and spiritual needs in addition to medical and legal preferences. It allows individuals to express their wishes concerning what is important to them, such as comfort care, the type of treatment they wish to receive, how they want to be treated by others, and what they want their loved ones to know. While the Maryland Living Will mainly focuses on medical preferences for end-of-life care, the Five Wishes Document encompasses a wider array of considerations, highlighting the holistic approach to advance care planning.

When completing the Maryland Living Will form, certain practices should be followed to ensure the document is legally binding and accurately reflects your wishes. Equally important, there are actions to avoid that could potentially invalidate the document or cause confusion. Below are the recommended dos and don'ts:

1. Read the instructions carefully before filling out the form. It's crucial to understand each section to ensure your wishes are clearly articulated.

2. Discuss your decisions with family members or close friends. This conversation can help prevent surprises and ensure your wishes are supported.

3. Consult with a healthcare professional if you have questions about the medical implications of your choices. Their insight can help you make informed decisions.

4. Sign the form in the presence of a notary public or the required witnesses as specified by Maryland law. This step is essential for the living will to be legally valid.

1. Rush through the process without fully understanding your options. Making decisions under pressure can lead to choices that do not align with your true wishes.

2. Fill out the form without consulting with anyone. While the decision is yours, input from loved ones or medical advisors can provide valuable perspective.

3. Forget to update the living will after significant life changes. Changes in personal relationships, health status, or preferences should prompt a review and possible revision of the document.

4. Fail to store the document in an accessible location. Inform your healthcare proxy, family members, and your physician where the living will is located so it can be easily found when needed.

Many people in Maryland hold misconceptions about the Living Will form, a crucial document for healthcare planning. Understanding what a Living Will is and what it isn't can help individuals make informed decisions about their future healthcare. Here we address eight common misconceptions to clarify the purpose and use of the Maryland Living Will form.

• It’s just for the elderly. Many believe a Living Will is only necessary for older individuals. However, adults of all ages can benefit from having a Living Will in place. This document ensures that your healthcare wishes are known and can be followed at any age, in case you are unable to communicate them yourself due to illness or injury.

• A Living Will is the same as a Last Will and Testament. A Living Will and a Last Will and Testament serve very different purposes. A Living Will specifies your preferences regarding medical treatment if you become incapacitated, while a Last Will and Testament details how your assets should be distributed after your death.

• If you're healthy, you don't need one. Waiting until you are sick or faced with a medical emergency might leave you without a voice in your treatment. A Living Will is best prepared while you are healthy, ensuring that your wishes are documented no matter what the future holds.

• It’s too complicated to create. Some may avoid creating a Living Will due to the belief that the process is too complex. In Maryland, the form is designed to be straightforward, and guidance is available to help people understand and complete it correctly.

• A Living Will limits emergency medical treatment. A common misconception is that a Living Will restricts doctors from administering life-saving treatments. In reality, it provides directions for the types of life-sustaining treatments you would or would not want to receive under certain conditions.

• Doctors always know best and will make the right decisions without a Living Will. While medical professionals aim to provide the best care, they may face difficult decisions without clear directives from the patient. A Living Will communicates your specific wishes, guiding healthcare providers and relieving them from making those tough calls without your input.

• It eliminates the need for a Health Care Power of Attorney. Another mistake is thinking that once you have a Living Will, you don’t need a Health Care Power of Attorney. The two documents actually complement each other; a Living Will specifies your medical treatment preferences, while a Health Care Power of Attorney appoints someone to make healthcare decisions on your behalf if you cannot.

• Once created, it cannot be changed. Some people hesitate to create a Living Will because they fear their choices will be set in stone. However, you can update or revoke your Maryland Living Will at any time, as long as you are mentally competent. This flexibility allows you to adapt your Living Will as your circumstances or wishes change.

Dispelling these misconceptions is crucial for understanding the importance and benefits of a Maryland Living Will. By clarifying what a Living Will is and encouraging its proper use, individuals can take control of their medical treatment preferences and ensure their wishes are respected, regardless of what the future may hold.

A Living Will form, especially for residents of Maryland, serves as a crucial document, guiding loved ones and medical professionals about your preferences for end-of-life care. Here are key takeaways to ensure that filling out and using the Maryland Living Will form is effectively handled.

• Understand the purpose: A Maryland Living Will allows you to outline your wishes regarding medical treatment and life-sustaining measures if you become incapacitated. This ensures that your healthcare preferences are known and respected when you are unable to communicate them yourself.

• Legal requirements must be met: For a Living Will in Maryland to be considered valid, it must comply with state-specific legal requirements. This includes being of legal age, of sound mind, and signing the document in the presence of two witnesses who are not your beneficiaries or healthcare providers.

• Be specific about your medical care preferences: The more detailed you are in specifying your wishes regarding ICU care, resuscitation, mechanical breathing assistance, and other life-sustaining treatments, the easier it will be for your healthcare providers and loved ones to adhere to your preferences.

• Select a healthcare agent wisely: Choosing someone you trust to act as your healthcare agent is vital. This person will have the authority to make healthcare decisions on your behalf if you're unable to do so. Discuss your wishes with them in detail to ensure they are comfortable and willing to advocate for your preferences.

• Discuss your Living Will with family and healthcare providers: Once your Living Will is completed, discussing the details with your family and healthcare providers is essential. This clarity can ease the decision-making process and reduce the potential for confusion or disagreement about your care.

• Keep your document accessible: After executing your Living Will, keep it in a place where it can be easily accessed in an emergency, such as with your healthcare agent or in a medical records database. Hospitals often ask for these documents upon admission, so ensuring it is readily available is crucial.

• Review and update as needed: Your preferences for medical treatment may change over time. As such, regularly reviewing and, if necessary, updating your Maryland Living Will ensures that the document always reflects your current wishes. Any amendments must also meet the state’s legal requirements for validity.

Understanding these key aspects of creating and using a Living Will can offer peace of mind, knowing your healthcare wishes will be known and can be followed when most needed. Preparing ahead can significantly impact your healthcare experience and ensure your values and preferences are honored.