Montgomery Maryland Statutory Advance Health Directive

Category:

Power of Attorney - Healthcare - Living Wills

State:

Maryland

County:

Montgomery

Control #:

MD-P023

Format:

Instant download

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Description

This Statutory Living Will form allows you to express your wishes and desires if it is determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process. It is a declaration that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfortable care. The form also allows you to appoint an agent to make health care decisions for you if you are unable, make anatomical gifts, and more.

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FAQ

To complete an advance directive, begin by understanding your personal healthcare preferences and discussing them with your family. Next, utilize the resources of US Legal Forms, where you can find a Montgomery Maryland Statutory Advance Health Directive template tailored to your state laws. After filling out the form, ensure it is signed and witnessed according to Maryland regulations. Finally, share copies of your directive with your healthcare providers and family members to ensure everyone is informed.

An advance directive order typically includes instructions on your medical preferences in the event you are unable to communicate. For instance, a Montgomery Maryland Statutory Advance Health Directive might specify whether you want life-sustaining treatments, such as ventilators or feeding tubes, used in certain situations. By clearly outlining your wishes, you help guide your loved ones and healthcare providers in making decisions that align with your values. Such clarity can reduce confusion during difficult times.

It is crucial to store your Montgomery Maryland Statutory Advance Health Directive in a location that is easily accessible to you and your healthcare providers. Consider keeping a copy in a safe place at home, and provide copies to your family members, attorney, or healthcare proxy. Informing your loved ones about where to find this document ensures your wishes are upheld during critical moments.

Yes, creating an advance directive online is both convenient and straightforward. Many online services, including USLegalForms, provide customizable templates for Montgomery Maryland Statutory Advance Health Directives. With just a few clicks, you can complete your document and ensure it reflects your healthcare preferences.

Yes, you can fill out a Montgomery Maryland Statutory Advance Health Directive online. Online platforms, such as USLegalForms, offer user-friendly templates that simplify the process of creating your advance directive. Utilizing these resources can save you time while ensuring your document meets legal requirements.

In Montgomery Maryland, a Statutory Advance Health Directive does not necessarily require notarization to be valid. However, signing in the presence of a notary can enhance its credibility and ensure compliance with state laws. It is advisable to consult local regulations or an attorney for specific guidance on notarization.

An advance directive in Maryland, such as the Montgomery Maryland Statutory Advance Health Directive, is a legal document that outlines your healthcare preferences in case you become unable to communicate your wishes. This document can specify treatments you wish to receive or decline, as well as appointing someone to make decisions for you. Having an advance directive provides peace of mind, ensuring that your healthcare choices are honored even when you cannot speak for yourself.

The primary difference between a Maryland MOLST and an advance directive lies in their usage and authority. A Montgomery Maryland Statutory Advance Health Directive expresses your personal healthcare wishes but does not have immediate medical authority. On the other hand, a MOLST is a medical order that healthcare professionals must follow, translating your preferences into actionable directives that guide treatment in emergencies.

In Maryland, a Montgomery Maryland Statutory Advance Health Directive does not need to be notarized; however, it does require witnesses. To be valid, you must sign the document in the presence of two witnesses who meet specific legal requirements. This process helps ensure that your advance directive is recognized and respected by healthcare providers when it matters most.

Yes, there are generally three types of advance directives including a living will, a durable power of attorney for healthcare, and a Montgomery Maryland Statutory Advance Health Directive. A living will outlines your preferences about life-sustaining treatments, while a durable power of attorney designates someone to make medical decisions on your behalf. Each type serves a different purpose, and having a combination can ensure your wishes are thoroughly represented.

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Statutory Advance Health Directive

Living Wills - General - Maryland

Related Maryland Legal Forms

STATUTORY REFERENCE ALL REFERENCES ARE TO THE MARYLAND CODE ADVANCE HEALTH CARE DIRECTIVE (§§ 5-601 through 5-608 -Health-General) Selected Definitions An "advance directive" is:

A witnessed written document, voluntarily executed by the declarant in accordance with the statutory requirements; or A witnessed oral statement, made by the declarant in accordance with the statutory requirements.

An "agent" is an adult appointed by the declarant under an advance directive made in accordance with the provisions of this subtitle to make health care decisions for the declarant. A "competent individual is a person who is at least 18 years of age or who under § 20-102 (a) of this article has the same capacity as an adult to consent to medical treatment and who has not been determined to be incapable of making an informed decision. The "declarant" is a competent individual who makes an advance directive while capable of making and communicating an informed decision. A "life sustaining procedure" (which includes includes artificially administered hydration and nutrition, and cardiopulmonary resuscitation) is any medical procedure, treatment, or intervention that:

Utilizes mechanical or other artificial means to sustain, restore, or supplant a spontaneous vital function; and Is of such a nature as to afford a patient no reasonable expectation of recovery from a terminal condition, persistent vegetative state, or end-stage condition.

A "persistent vegetative state" is a condition caused by injury, disease, or illness:

In which a patient has suffered a loss of consciousness, exhibiting no behavioral evidence of self-awareness or awareness of surroundings in a learned manner other than reflex activity of muscles and nerves for low level conditioned response; and From which, after the passage of a medically appropriate period of time, it can be determined, to a reasonable degree of medical certainty, that there can be no recovery.

A 'terminal condition" is an incurable condition caused by injury, disease, or illness which, to a reasonable degree of medical certainty, makes death imminent and from which, despite the application of life sustaining procedures, there can be no recovery. Procedure - Living Will Any competent individual may, at any time, make a written advance directive regarding the provision of health care to that individual, or the withholding or withdrawal of health care from that individual. Agent Any competent individual may, at any time, make a written advance directive appointing an agent to make health care decisions for the individual under the circumstances stated in the advance directive. An owner, operator, or employee of a health care facility from which the declarant is receiving health care may not serve as a health care agent unless the person would qualify as a surrogate decision maker under § 5-605 (a). An agent has decision making priority over any individuals otherwise authorized under this subtitle to make health care decisions for a declarant. Signature and Witnesses A written advance directive must be dated, signed by or at the express direction of the declarant, and subscribed by two witnesses. Any competent individual may serve as a witness to an advance directive, including an employee of a health care facility or physician caring for the declarant if acting in good faith. The health care agent of the declarant may not serve as a witness. At least one of the witnesses must be an individual who is not knowingly entitled to any portion of the estate of the declarant or knowingly entitled to any financial benefit by reason of the death of the declarant. Oral Directive Any competent individual may make an oral advance directive to authorize the providing, withholding, or withdrawing of any life sustaining procedure or to appoint an agent to make health care decisions for the individual. An oral advance directive shall have the same effect as a written advance directive if made in the presence of the attending physician and one witness and documented as part of the individual's medical record. The documentation shall be dated and signed by the attending physician and the witness. Effectiveness of Advance Directive Unless otherwise provided in the document, an advance directive shall become effective when the declarant's attending physician and a second physician certify in writing that the patient is incapable of making an informed decision. If a patient is unconscious, or unable to communicate by any means, the certification of a second physician is not required. Notice A declarant has the responsibility to notify the attending physician that an advance directive has been made. In the event the declarant becomes comatose, incompetent, or otherwise incapable of communication, any other person may notify the physician of the existence of an advance directive. An attending physician who is notified of the existence of the advance directive must:

If the advance directive is written, make the advance directive or a copy of the advance directive a part of the declarant's medical records; or If the advance directive is oral, make the fact of the advance directive, including the date the advance directive was made and the name of the attending physician, a part of the declarant's medical records.

A declarant has the responsibility to notify the a health care agent that the agent has been named in an advance directive to act on the declarant's behalf. Form Use of the statutory form is optional. Revocation An advance directive may be revoked at any time by a declarant by a signed and dated writing, by physical cancellation or destruction, by an oral statement to a health care practitioner or by the execution of a subsequent directive. It is the responsibility of the declarant, to the extent reasonably possible, to notify any person to whom the declarant has provided a copy of the directive. Anatomical Gifts in Advance Directive An advance directive may contain a statement by a declarant that the declarant consents to the gift of all or any part of the declarant's body for any one or more of the purposes specified in Title 4, Subtitle 5 of the Estates and Trusts Article. Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

Related Maryland Legal Forms

Statutory Advance Health Directive

Living Wills - General - Maryland

Related Maryland Legal Forms

A witnessed written document, voluntarily executed by the declarant in accordance with the statutory requirements; or A witnessed oral statement, made by the declarant in accordance with the statutory requirements.

Utilizes mechanical or other artificial means to sustain, restore, or supplant a spontaneous vital function; and Is of such a nature as to afford a patient no reasonable expectation of recovery from a terminal condition, persistent vegetative state, or end-stage condition.

A "persistent vegetative state" is a condition caused by injury, disease, or illness:

In which a patient has suffered a loss of consciousness, exhibiting no behavioral evidence of self-awareness or awareness of surroundings in a learned manner other than reflex activity of muscles and nerves for low level conditioned response; and From which, after the passage of a medically appropriate period of time, it can be determined, to a reasonable degree of medical certainty, that there can be no recovery.

If the advance directive is written, make the advance directive or a copy of the advance directive a part of the declarant's medical records; or If the advance directive is oral, make the fact of the advance directive, including the date the advance directive was made and the name of the attending physician, a part of the declarant's medical records.

Montgomery Maryland Statutory Advance Health Directive

Description

Related forms

How to fill out Maryland Statutory Advance Health Directive?

Form popularity

FAQ

How to complete an advance directive?

What is an example of an advance directive order?

Where is the best place to put advance directives?

Can I do an advance directive online?

Can I fill out a Montgomery Maryland Statutory Advance Health Directive online?

Does a Montgomery Maryland Statutory Advance Health Directive need to be notarized?

What is an advance directive in Maryland?

What is the difference between a Maryland MOLST and advance directive?

Does an advance directive need to be notarized in Maryland?

Are there 3 types of advance directives?

Interesting Questions

What is a Montgomery Statutory Advance Health Directive?

Who can create a Montgomery Statutory Advance Health Directive?

Why should I create a Montgomery Statutory Advance Health Directive?

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Montgomery Maryland Statutory Advance Health Directive

Description

Related forms

How to fill out Maryland Statutory Advance Health Directive?

Form popularity

FAQ

How to complete an advance directive?

What is an example of an advance directive order?

Where is the best place to put advance directives?

Can I do an advance directive online?

Can I fill out a Montgomery Maryland Statutory Advance Health Directive online?

Does a Montgomery Maryland Statutory Advance Health Directive need to be notarized?

What is an advance directive in Maryland?

What is the difference between a Maryland MOLST and advance directive?

Does an advance directive need to be notarized in Maryland?

Are there 3 types of advance directives?