SoMD Estate Planning

Estate Planning Attorneys in Southern Maryland

Maryland Estate Law

Understanding Advance Medical Directives in Maryland: Your Complete Guide

An advance medical directive is one of the most important documents you can have — yet it is one of the most frequently overlooked. If you were suddenly unable to communicate your medical wishes, would your family know what you want? In Maryland, an advance directive makes sure the answer is yes.

What Is an Advance Medical Directive?

In Maryland, an advance medical directive is a legal document that serves two critical purposes. First, it functions as a living will by stating your preferences for medical treatment in end-of-life situations. Second, it designates a healthcare agent — someone you trust to make medical decisions for you when you cannot make them yourself.

Why Every Adult Needs One

Medical emergencies do not only affect the elderly. Accidents, strokes, and sudden illnesses can happen at any age. Without an advance directive, your family could face agonizing decisions without guidance. Without this document, your loved ones may need to petition a Maryland court for guardianship authority just to make basic healthcare decisions — an expensive and time-consuming process.

What Does Maryland Law Require?

Under Maryland Health-General Code, an advance directive must be signed by you and witnessed by two adults. In Maryland, your advance directive does not need to be notarized — though notarization adds an extra layer of protection. Your designated healthcare agent cannot serve as one of the two witnesses.

Choosing Your Healthcare Agent

Choose someone who understands your values, is willing to advocate firmly for your wishes even under pressure, and is practically available to be reached in an emergency. Many people choose a spouse, adult child, or close trusted friend. It is also wise to name an alternate agent.

HIPAA Authorization: A Critical Companion

We always recommend pairing your advance directive with a HIPAA authorization form. Federal privacy laws can prevent healthcare providers from sharing your medical information — even with your own family — without proper authorization. A HIPAA release ensures your healthcare agent and family can access the medical information they need.

How We Can Help

At SoMD Estate Planning, we prepare advance medical directives that are fully compliant with Maryland law and tailored to your specific wishes. Reach out today to schedule your free consultation.

Do I Really Need a Will in Maryland? What Happens Without One

It is a question we hear all the time from clients across Southern Maryland: “Do I really need a will?” The answer is almost always yes — and the consequences of not having one can be far more serious than most people realize.

What Happens If You Die Without a Will in Maryland?

When someone passes away without a valid will, they are said to have died “intestate.” In Maryland, intestacy laws determine exactly how your assets are distributed — and the results may not align with what you would have wanted.

Under Maryland’s intestacy statutes, if you are married with children, your spouse receives the first $40,000 of your estate plus half of the remaining balance. The rest goes to your children. If you are unmarried, everything typically goes to your children in equal shares. If you have no children, your assets may pass to parents, siblings, or more distant relatives — potentially people you would never have chosen to inherit your property.

The Real-World Consequences

Dying without a will does not just affect asset distribution. It creates a cascade of complications for the people you leave behind. Without a will, there is no named executor — meaning the court must appoint a personal representative, which takes time and may not be someone you would have trusted with that responsibility.

For families with minor children, the stakes are even higher. A will is the primary legal mechanism for naming a guardian for your children. Without one, a judge makes that decision — potentially someone you would not have chosen.

Common Myths That Keep People from Getting a Will

“I do not own enough to need a will.” — You do not need to be wealthy. If you own a car, have a bank account, or possess any personal property, a will helps ensure those items go where you intend.

“My spouse will automatically get everything.” — As noted above, Maryland law does not guarantee your spouse receives all of your assets. Depending on whether you have children or surviving parents, the distribution can be divided in ways that may surprise you.

“I am too young to worry about it.” — Accidents and unexpected illness do not discriminate by age. Young families with children have some of the most urgent reasons to have a will in place.

What a Simple Will Does for You

A simple will lets you name exactly who receives your property, appoint a trusted executor to manage the process, designate guardians for your children, and even specify your wishes for funeral arrangements. It is one of the most straightforward and affordable legal documents you can create — and one of the most impactful.

Take the First Step Today

Creating a will does not have to be complicated or expensive. At SoMD Estate Planning, we offer streamlined, tech-forward will preparation that makes the process quick and convenient. Schedule a free consultation today and let us help you protect the people who matter most.