Creating an advance healthcare directive (AHD) in Maryland could help honor your medical wishes if you become unable to communicate them yourself. This legal document allows you to outline your preferences for medical treatment and appoint a healthcare agent to make decisions on your behalf. To start, you must be at least 18 years old and of sound mind. The directive typically includes a living will and a durable power of attorney for healthcare and other forms may also be used. Once completed, it’s essential to distribute copies to your healthcare agent, family members, and primary care physician. Then, regularly reviewing and updating your directive can help you reflect any changes to your current wishes.
A financial advisor can provide additional guidance to help you make sure that your directive aligns with your overall estate planning goals.
How an Advanced Healthcare Directive Works in Maryland
An AHD is a legal document that allows individuals to outline their preferences for medical treatment in the event they become incapacitated and unable to communicate their wishes. This directive informs healthcare providers and loved ones about the individual’s wishes for life-sustaining treatments, resuscitation, and other important medical decisions. An AHD lets you keep control of your healthcare choices, even if you can’t communicate them.
All states have some kind of AHD but the exact form differs. In Maryland, an AHD typically includes a living will and durable power of attorney for healthcare. The living will specifies the types of medical treatments and life-sustaining measures an individual wishes to receive or refuse, such as mechanical ventilation, tube feeding, or resuscitation. A durable power of attorney for healthcare designates a trusted person, known as a healthcare agent, to make medical decisions on the individual’s behalf if they are unable to do so.
Steps to Create an Advanced Healthcare Directive in Maryland
Creating a valid AHD in Maryland involves several steps. Here are five general steps to help you navigate the process.
Step 1: Obtain Forms
The first step in creating an AHD in Maryland is to obtain the appropriate forms. These can be found on the Maryland Attorney General’s website or through healthcare providers. Here is more on the forms involved:
- Advance directive form: This is the cornerstone of your healthcare planning. In Maryland, this document allows you to outline your medical treatment preferences and appoint a healthcare agent to make decisions on your behalf. The form typically includes sections for living wills and medical powers of attorney.
- Living will: This component of the advance directive form specifies the types of medical treatments and life-sustaining measures you do or do not want if you are terminally ill or permanently unconscious. This can include decisions about resuscitation, mechanical ventilation and tube feeding.
- Medical power of attorney: Also known as a healthcare proxy, this document allows you to designate a trusted person to make healthcare decisions for you if you are incapacitated. In Maryland, this is part of the advance directive form but can also be a standalone document.
- Maryland MOLST (medical orders for life-sustaining treatment): The Maryland MOLST form outlines your specific preferences for life-sustaining treatments. It’s completed by a healthcare professional based on your wishes and is used to make sure that your treatment preferences are followed across different healthcare settings.
- HIPAA authorization form: The Health Insurance Portability and Accountability Act (HIPAA) authorization form grants healthcare providers permission to share your medical information with designated individuals. This is necessary so that your healthcare agent and loved ones can have access to the information they need.
- Organ donation form: If you wish to donate your organs upon death, you can indicate this preference in your advance directive or through a separate organ donation form.
- Do not resuscitate (DNR) order: A DNR Order is a specific medical order that tells healthcare providers not to perform CPR if your heart stops or if you stop breathing. In Maryland, this can be part of your advance directive or included as a separate document.
Step 2: Choose Your Healthcare Agent
The healthcare agent you select will have the authority to make medical decisions for you if you are unable to do so. Choose someone you trust, who understands your values and wishes, and who is willing to take on this responsibility. Discuss your decision with the person you choose to confirm that they are comfortable with the role.
Step 3: Outline Your Medical Preferences
In the living will section, you will specify medical treatment preferences regarding life-sustaining treatments, resuscitation and other critical care options. Be as detailed as possible so that your wishes can be clearly understood. Consider discussing these preferences with your healthcare provider to confirm that they are medically sound and feasible.
Step 4: Sign and Witness the Document
Sign the AHD document in the presence of two adult witnesses. These witnesses cannot be your healthcare agent, and at least one should not be entitled to any part of your estate. Their role is to confirm that you are of sound mind and not under duress when signing the directive.
Step 5: Distribute Copies
Distribute copies of these forms to your healthcare agent, family members and healthcare providers, and then keep the originals in a safe but accessible place. Because your medical preferences and circumstances may change over time, review and update your AHD periodically. Any changes must be documented, signed and witnessed in the same manner as the original directive. Consult a legal or healthcare professional to make sure that your documents are correctly completed and legally binding.
Bottom Line
Creating an AHD in Maryland can help ensure that your medical wishes are respected and followed. By selecting a trusted healthcare agent, and clearly outlining your preferences, you can provide peace of mind for yourself and your loved ones. Remember to review and update your directive regularly to reflect any changes in your health or personal wishes.
Tips for Estate Planning
- If you want to create a personalized plan for your estate, a financial advisor could help you manage and distribute assets. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three financial advisors in your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
- If you want to set up a trust, here’s how much it could cost you.
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