Maryland Statutory Advance Health Directive

State:
Maryland
Control #:
MD-P023
Format:
Word; 
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Understanding this form

The Statutory Advance Health Directive is a legal document that allows individuals to specify their medical treatment preferences and appoint a health care agent. This form is vital in situations where someone cannot make their own health care decisions due to a medical condition. Unlike other types of advance directives, this form encompasses not only your wishes regarding life-sustaining treatments but also the appointment of an agent to act on your behalf, ensuring that your values and preferences are respected during critical health situations.


Main sections of this form

  • Selection of a primary health care agent to make decisions on your behalf.
  • Provision for back-up agents if the primary agent is unavailable.
  • Specific instructions regarding treatment preferences in situations like terminal conditions or persistent vegetative states.
  • Option to state goals and values regarding health care choices.
  • Authorization for your agent to access your medical information under HIPAA regulations.
  • Organ donation preferences upon death.
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When to use this document

This form is used when you want to ensure your health care wishes are met in situations where you cannot communicate them yourself. Consider completing this document if you are facing serious health issues, are undergoing major surgery, or simply want to prepare for any unforeseen medical emergencies in the future. Assuring that your preferences are documented can relieve your family of stress and confusion during a difficult time.

Intended users of this form

  • Individuals over the age of 18 who want to make decisions about their future health care.
  • Those with specific health conditions wishing to outline their treatment preferences.
  • Anyone who wants to appoint an agent to make medical decisions if they become unable to do so.
  • People interested in documenting organ donation wishes.

Completing this form step by step

  • Identify and select a primary health care agent and, if desired, back-up agents.
  • Clearly state your medical treatment preferences in Part II for varying health conditions.
  • Consider providing additional context about your goals and values related to health care decisions.
  • Complete the signature section, ensuring signatures from two witnesses are obtained.
  • Distribute copies of the signed document to your health care agent, doctor, and keep one at home for your family to access.

Notarization guidance

This form does not typically require notarization unless specified by local law. However, it is important to adhere to Maryland's requirements, which include having two witnesses present at the time of signing to validate the document.

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We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

  • Failing to discuss your health care choices with the appointed agent.
  • Not including back-up agents, which can lead to confusion if the primary agent is unreachable.
  • Missing the witness signatures, which can invalidate the directive.
  • Not communicating changes in your wishes to relevant parties after completing the form.

Benefits of completing this form online

  • Convenience of completing the form at your own pace and from the comfort of your home.
  • Editable formats allow for easy updates should your preferences change.
  • Access to legally vetted templates drafted by licensed attorneys ensures compliance with state laws.

Quick recap

  • Advance directives establish your medical treatment preferences and appoint an agent.
  • This form is essential for ensuring your wishes are respected in medical emergencies.
  • Regular reviews of your directive are important to keep it current.

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FAQ

You can get the forms in a doctor's office, hospital, law office, state or local office for the aging, senior center, nursing home, or online. When you write your advance directive, think about the kinds of treatments that you do or don't want to receive if you get seriously hurt or ill.

The name and contact information of your healthcare agent/proxy. Answers to specific questions about your preferences for care if you become unable to speak for yourself. Names and signatures of individuals who witness your signing your advance directive, if required.

An advance directive, alone, may not be sufficient to stop all forms of life-saving treatment. You may also need specific do not resuscitate, or DNR orders.You retain the right to override the decisions or your representative, change the terms of your living will or POA, or completely revoke an advance directive.

An advance directive isn't the same as a DNR DNRs, like POLST forms, require a physician's sign-off and are medical orders, instructing emergency personnel to withhold resuscitation efforts. If you don't want to receive resuscitation, including that information in an advance care directive is not enough.

The living will. Durable power of attorney for health care/Medical power of attorney. POLST (Physician Orders for Life-Sustaining Treatment) Do not resuscitate (DNR) orders. Organ and tissue donation.

Is the Five Wishes advance directive a legal document? Yes. It was written with the help of the American Bar Association's Commission on Law & Aging. It meets the legal requirements of 44 states, but is used widely in all 50, and a federal law requires medical care providers to honor patient wishes as expressed.

An advance directive is a set of instructions someone prepares in advance of ill health that determines his healthcare wishes. A living will is one type of advance directive that becomes effective when a person is terminally ill.

Advance directives generally fall into three categories: living will, power of attorney, and health care proxy.

As long as you can still make your own decisions, your advance directive won't be used. You can change or cancel it at any time. Your health care agent will only make choices for you if you can't or don't want to decide for yourself.

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Maryland Statutory Advance Health Directive