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.