Add Image Fields Legal Maryland Life Documents New Parents Forms For Free

Traditionally, there are two main kinds of advance directives: the living will and the Durable Power of Attorney for Healthcare. The state California also allows the use of a POLST (Physician's Orders For Life‑Sustaining Treatment).

In the case of a Health Care Proxy, a trusted loved one will be given the responsibility. However, with an Advance Directive, your decisions regarding medical intervention and end-of-life preferences are clearly stated in a legally binding document rather than a living person.

Stated simply: A do-not resuscitate order says that if your heart stops beating, or if you stop breathing, you don't want to be resuscitated. An advance directive is more general. You can specify your wishes if you are incapacitated.

Living Wills are a statement of preferences for treatment (or, as may be the case, lack of treatment); Advance Directives include that information as well as legally appointing and empowering a person (called a Healthcare Agent) to speak on our behalf if we can't.

The MOLST form is not an advance directive because it is a medical document that contains actionable medical orders that are effective immediately based on a patient's current medical condition. Advance directives, including living wills, are legal documents that are effective only after the patient has lost capacity.

Maryland Law requires that any one holding an original Will and/or Codicil(s) must file that document with the Register of Wills promptly after a decedent's death even if there are no assets. However, although the Will and/or Codicil are kept on file, no probate proceedings are required to be opened.

Here's a breakdown of the main cons: Limited Scope: Living wills primarily address life-sustaining treatments in specific end-of-life scenarios. They may not cover every possible medical situation, nor do they address aspects like pain management or choice of care setting.

POLST is for people who are seriously ill or have advanced frailty. If you are healthy, an advance directive is for you. POLST forms and advance directives are both parts of advance care planning but they are not the same. POLST forms must be filled out and signed by health care provider.

In Maryland, a living will must follow specific legal guidelines. The individual creating the living will, known as the declarant, must be 18 years or older. The document requires the declarant's signature and the presence of two witnesses who must be at least 18 years old.