Attorney-Verified Maryland Living Will Template

What is a Maryland Living Will?

A Maryland Living Will, often referred to as an Advance Directive, is a legal document that allows an individual to outline their preferences regarding medical treatment in the event they are unable to communicate their decisions due to illness or incapacity. This document guides family members and healthcare providers on how to proceed with medical care based on the wishes detailed by the individual.

Who should have a Maryland Living Will?

Any adult who wishes to have control over their medical treatment decisions in the future should consider having a Maryland Living Will. It is particularly important for individuals with serious health conditions, or for those who want to ensure their medical treatment preferences are respected no matter what circumstances arise.

How can someone create a Maryland Living Will?

To create a Maryland Living Will, the individual must complete a standardized form that complies with Maryland law. This form needs to be filled out clearly, outlining the person's specific wishes regarding various life-sustaining treatments and end-of-life care. After completing the form, it must be signed in the presence of two witnesses, who also need to sign the document, attesting to the authenticity of the individual’s wishes.

Can a Maryland Living Will be changed or revoked?

Yes, an individual has the right to change or revoke their Maryland Living Will at any time, as long as they are mentally competent. To modify the document, a new Living Will must be completed and the old one should be destroyed. To revoke the document, it can be done either by creating a new Living Will or through a written and signed statement expressing the intent to revoke it. Communicating the changes to family members and healthcare providers is also crucial.

What happens if someone does not have a Maryland Living Will?

If an individual becomes incapacitated without a Maryland Living Will, decisions about their medical care will typically be made by family members or healthcare providers. This can sometimes lead to disagreements or decisions that might not align with the individual’s wishes. Having a Living Will ensures that one’s specific preferences for treatment are known and can be followed.

Is a lawyer required to create a Maryland Living Will?

While a lawyer is not required to create a Maryland Living Will, consulting with one can be beneficial, especially in complex situations. A lawyer can provide guidance on how to articulate your wishes clearly and ensure the document meets all legal requirements. Regardless, it's important that the Living Will is completed accurately to reflect the individual's intentions and is properly witnessed as required by Maryland law.

Creating a living will is a responsible step towards ensuring that one's healthcare preferences are observed during critical moments when they may not be able to communicate their wishes. In Maryland, individuals are encouraged to fill out a living will form to articulate their desires clearly. However, there are several mistakes commonly made during this process that can significantly impact the effectiveness of the living will.

1. Failing to discuss the living will with healthcare providers. Many individuals complete their living will without consulting their doctors or other healthcare providers. This oversight can lead to discrepancies between medical advice and the stipulations made in the document.
2. Not updating the document. Life circumstances and medical preferences change over time, but people often forget to update their living wills accordingly. It is crucial to review and revise the document regularly or after significant life events.
3. Being too vague or too specific. Some living wills may not provide clear guidance due to vague language, while others may be overly specific, limiting the flexibility healthcare providers need to adapt to unforeseen circumstances.
4. Not properly witnessing or notarizing the form. The validity of a living will in Maryland depends on adhering to specific signing, witnessing, and notarizing requirements. Neglecting these formalities can render the document legally ineffective.
5. Choosing an inappropriate health care agent. Selecting a health care agent who is not well-informed about the individual's preferences or who may not be available or willing to act at the needed time is a common mistake.
6. Keeping the living will inaccessible. A living will that is not accessible to family members, the health care agent, or medical providers when needed defeats its purpose. Safe but accessible storage is essential.
7. Omitting discussions with loved ones. Failing to discuss the contents of the living will with family members and the chosen health care agent can lead to confusion and conflict during critical moments.

Beyond these mistakes, it is advisable for individuals in Maryland to seek legal guidance when preparing a living will. Professional advice can help navigate the complexities of state laws and ensure the document fully captures the person's healthcare preferences. Avoiding the mistakes outlined above increases the likelihood that the living will serves its intended purpose, giving both the individual and their loved ones peace of mind during difficult times.

When planning for the future, particularly when it involves healthcare decisions in Maryland, the Living Will form is a crucial document. However, it's not the only document you might need. To ensure that your wishes are fully understood and respected, there are a few other forms you might consider completing. Each serves a specific purpose and complements the Living Will by covering different aspects of your future health care and personal affairs.

• Advance Directive: This document usually encompasses the Living Will but goes a step further by allowing you to appoint a health care agent. This agent makes health care decisions on your behalf if you're unable to do so. This ensures that someone you trust is in charge of your health care decisions, aligns with your wishes as outlined in your Living Will, and can advocate for your preferences.
• Durable Power of Attorney for Health Care: Similar to an Advance Directive, this document specifically designates an individual to make health care decisions on your behalf. The key difference is its focus solely on health care, whereas an Advance Directive may also include the appointment of a health care agent along with living will instructions.
• Durable Financial Power of Attorney: This document allows you to designate someone to handle your financial affairs if you become incapacitated. It is critical for managing your finances, ensuring bills are paid, and investments are looked after according to your wishes, separate from medical or health care decisions.
• Last Will and Testament: While it's focused on what happens after your death, this document is essential for outlining how you wish your assets to be distributed. It can specify guardians for any minor children, making it an important document for anyone to consider alongside more immediate healthcare-related documents.

Together, these documents form a comprehensive plan for your future, covering a wide range of circumstances from healthcare to financial management and beyond. Having a Living Will is a significant step towards ensuring your wishes are followed, but integrating it with these other documents can provide a more full-circle approach to your future planning. It's advisable to consult with a legal expert when preparing these documents to ensure they are correctly executed and effective when needed.

The Maryland Living Will shares similarities with the Health Care Power of Attorney (HCPOA). Both documents are crucial for healthcare planning and allow individuals to outline their preferences regarding medical treatment should they become unable to communicate or make decisions themselves. The Living Will specifies the types of medical care an individual wishes or does not wish to receive when terminally ill or permanently unconscious, while the HCPOA designates another person to make healthcare decisions on their behalf. Both cover circumstances where an individual’s directive is crucial for their care yet differ in scope; the Living Will focuses on end-of-life care, whereas the HCPOA encompasses broader medical decision-making authority.

Similar to the Maryland Living Will, the Do Not Resuscitate (DNR) Order is another document concerned with end-of-life care preferences. A DNR specifically instructs healthcare providers not to perform CPR (cardiopulmonary resuscitation) in the event an individual’s breathing or heart stops. While a Living Will might encompass a variety of directives regarding treatments an individual wants to avoid or receive at the end of life, the DNR exclusively focuses on the refusal of resuscitation efforts. Both documents serve to inform medical personnel of a patient’s wishes, ensuring that medical treatment aligns with their preferences.

The Five Wishes document, though more comprehensive, shares common objectives with the Maryland Living Will. It addresses personal, spiritual, and emotional needs in addition to medical wishes and appoints a healthcare agent, much like the combination of a Living Will and HCPOA. What sets Five Wishes apart is its holistic approach, covering aspects like the patient's comfort level, how they prefer to be treated, and what they want their loved ones to know. This extensive scope makes it a more person-centered plan, while the Living Will primarily focuses on medical wishes and intervention preferences in the context of severe illness or incapacitation.

Comparable to the Maryland Living Will is the POLST form (Physician Orders for Life-Sustaining Treatment). Both are designed to ensure that a patient’s preferences regarding end-of-life care and life-sustaining treatment are known and respected by healthcare providers. The POLST, however, is a medical order signed by a physician or other authorized medical provider that is applicable immediately based on the patient’s current health status. It complements a Living Will by translating its directives into actionable medical orders, particularly useful in emergency situations for critically ill patients, ensuring their treatment preferences are followed.

Another document related to the Maryland Living Will is the Mental Health Advance Directive. This type of directive specifically addresses decisions about mental health care and the administration of psychiatric treatment, allowing individuals to state their treatment preferences in case they experience a mental health crisis and are unable to make decisions for themselves. Similar to a Living Will, it outlines wishes regarding medical intervention; however, its focus is on psychiatric rather than physical health care. Both documents empower individuals to take control of their medical care by documenting their treatment preferences in advance.

When considering how to approach the Maryland Living Will form, it's important to keep in mind both what to do and what not to do. This document will guide some of the most critical decisions about your health care under circumstances where you might not be able to make your wishes known. Here's a straightforward guide to help you navigate the process:

• Read the instructions carefully. Understanding each section thoroughly before filling out the form will help ensure that your wishes are clearly communicated.
• Consider discussing your choices with family members or a trusted advisor. This can provide a chance to explain your decisions and help them understand your wishes.
• Use clear, specific language to describe your health care preferences. Vague terms can lead to interpretation issues, so being precise is crucial.
• Sign and date the form in the presence of a witness or a notary public as required. This step is vital for making your living will legally binding.

• Leave any sections blank. If a section doesn't apply or you don't have specific wishes about a situation, note that explicitly to avoid any confusion.
• Forget to update your living will as your preferences change over time. Health care decisions can evolve, so periodically reviewing and revising your document is essential.
• Use technical medical jargon unless you are very familiar with it and sure it accurately reflects your wishes. It's often best to describe outcomes you want to avoid or achieve rather than specifying medical procedures.
• Rely solely on your living will to communicate your health care preferences. Discussing your wishes with your health care proxy and family ensures that they understand your intentions fully.

When considering end-of-life decisions, Maryland residents may encounter several misconceptions about the Living Will form. The following list addresses some of these misunderstandings:

• All adults are automatically covered by a default Living Will. This is not true. In Maryland, individuals need to complete and sign a Living Will to have their specific end-of-life care wishes legally recognized and followed.
• Having a Living Will means you will not receive any medical treatment. This misconception is widespread but incorrect. A Living Will specifies the types of life-sustaining treatments you wish to accept or refuse in certain situations. It does not mean refusing all medical treatments.
Your family can always override your Living Will. While family members often are consulted in healthcare decisions, a properly executed Living Will takes precedence over the desires of family or friends regarding the refusal or acceptance of life-sustaining treatment.
• You must have a lawyer to create a Living Will in Maryland. While legal advice can be beneficial, especially in complex situations, Maryland law does not require a lawyer to complete or execute a Living Will. Clear instructions and proper witnessing are the essential legal requirements.
• A Living Will is the same as a Last Will and Testament. These documents serve very different purposes. A Living Will expresses your wishes regarding medical treatment if you become unable to communicate those wishes yourself. A Last Will and Testament details how one's estate should be distributed after death.
• Once completed, a Living Will cannot be changed. This is not correct. You can revise or revoke your Living Will at any time, as long as you are still competent. Changes should be made through a new document and communicated to all relevant parties.

In Maryland, the Living Will is a crucial document for ensuring that an individual's health care preferences are honored if they become unable to communicate their decisions. To navigate this important tool effectively, here are five key takeaways that everyone should understand:

• Completing the Maryland Living Will form requires careful consideration of one's health care preferences, especially about life-sustaining treatments. Individuals should reflect on their values and communicate their wishes to loved ones and healthcare providers.
• The form must be filled out accurately and in accordance with Maryland state laws to be considered legal and valid. This often involves signing in the presence of witnesses or a notary public, depending on state requirements.
• A Living Will is different from a health care power of attorney, although both can be part of an Advance Directive in Maryland. A Living Will outlines specific wishes regarding medical treatment, while a health care power of attorney appoints someone to make health care decisions on the individual’s behalf.
• Once completed, copies of the Living Will should be shared with one's primary care physician, family members, and anyone appointed to make decisions on the individual’s behalf. This ensures that the document is accessible and can be acted upon when needed.
• It’s important to review and update the Living Will periodically. Life changes, such as a new diagnosis or a shift in perspective, might influence an individual's health care preferences. Regular reviews ensure that the document remains aligned with the person’s current wishes.

Effectively using the Maryland Living Will form ensures that healthcare providers and loved ones are aware of an individual’s preferences regarding medical treatment when they can't speak for themselves. By understanding and following these guidelines, individuals can take control of their medical care and ensure their wishes are respected.