Blank Living Will Template for the State of Maryland

Guidelines on Utilizing Maryland Living Will

A Maryland Living Will is a legal document that allows individuals to express their wishes regarding medical treatment in scenarios where they are unable to communicate. This document is particularly important for ensuring that healthcare providers and family members understand one's preferences for end-of-life care and certain medical treatments. Filling out this form requires attention to detail and clarity about one's medical care preferences. The process can be broken down into manageable steps to help ensure that the document accurately reflects one's wishes.

Here are the steps needed to fill out the Maryland Living Will form:

1. Gather personal information, including your full legal name, date of birth, and address.
2. Read each section of the Living Will carefully to fully understand the types of medical interventions and decisions you may need to consider.
3. Decide if you want to appoint an agent (also known as a healthcare proxy) who will have the authority to make healthcare decisions on your behalf if you’re unable to make them yourself. Provide the name, address, and phone number of the person you choose.
4. Specify your wishes regarding life-sustaining treatments, such as resuscitation if your heart stops beating or you stop breathing, mechanical ventilation, and artificial nutrition and hydration.
5. Consider any treatments you may want to refuse or request under certain conditions, such as pain relief, even if it may hasten death.
6. Review sections related to organ donation, if applicable, and indicate your choices regarding organ and tissue donation for transplantation, therapy, research, or education.
7. If you have any additional wishes that the form does not specifically address, use the space provided to outline these preferences. This may include funeral arrangements, body disposition, or other personal statements regarding your care.
8. Sign and date the form in the presence of two witnesses who are not related to you by blood or marriage and who will not benefit from your estate. Witnesses must also sign and date the Living Will, attesting that they witnessed your signature and that you appeared to be of sound mind and under no duress at the time of signing.
9. Once completed, make copies of the signed document. Provide a copy to your healthcare proxy (if you have appointed one), your primary care physician, and any other healthcare providers to ensure your wishes are known and can be easily accessed in an emergency.
10. Keep the original document in a safe location where it can be retrieved if needed. Let close family members or friends know where to find it.

It's important to remember that a Living Will becomes effective only under the circumstances specified in the document, and it can be revised or revoked at any time should your preferences or circumstances change. Regularly reviewing and updating your Living Will ensures that it continues to reflect your current wishes regarding medical treatment.

1. What is a Maryland Living Will?

   A Maryland Living Will, often also referred to as an "advance directive," is a legal document that allows individuals to outline their preferences for medical treatment in the event that they become unable to make these decisions for themselves. This might happen due to illness or incapacitation. The document can specify which life-sustaining treatments one might want or not want, such as artificial hydration, nutrition, or mechanical ventilation.

2. Who should have a Maryland Living Will?

   Any adult in Maryland who wishes to have a say in their medical treatment in circumstances where they can't communicate their wishes directly should consider creating a Living Will. It's a practical step for ensuring that your healthcare preferences are known and respected, regardless of your current health status.

3. How can someone create a Maryland Living Will?

   Creating a Living Will in Maryland involves several steps. The individual should first reflect on their healthcare preferences and discuss these with family, close friends, and healthcare providers. Next, they should complete the Maryland Living Will form, making sure to meet all legal requirements such as having the document witnessed or notarized, depending on state law. It’s often advised to consult with legal counsel to ensure the document accurately reflects the individual’s wishes and complies with Maryland law.

4. Does a Maryland Living Will need to be notarized or witnessed?

   Under Maryland law, a Living Will does not necessarily need to be notarized, but it must be signed in the presence of two witnesses. The witnesses must be adults, and they cannot be individuals who have a financial interest in the person’s death, healthcare providers, or operators of healthcare facilities where the individual is receiving care.

5. Can a Maryland Living Will be revoked?

   Yes, an individual can revoke their Maryland Living Will at any time, regardless of their physical or mental condition. Revocation can be done in several ways, including creating a new living will, destroying the original document, orally informing the attending physician or another healthcare provider, or by any other act demonstrating a clear intent to revoke the document.

6. What should be done with a Maryland Living Will after it's completed?

   Once the Living Will is completed, it’s important to keep the original document in a safe but accessible place. Copies should be given to the individual’s healthcare proxy (if one has been appointed), primary care physician, and any healthcare facilities where the individual is receiving treatment. It’s also wise to inform close family members or friends about the existence of the document and where it can be found.

7. Are there any special considerations for updates to a Maryland Living Will?

   Life changes such as marriage, divorce, the birth of a child, or new medical diagnoses might influence an individual's healthcare preferences. Therefore, it's crucial to review and potentially update the Living Will periodically to ensure it reflects current wishes. Any updates should follow the same procedures as creating a new Living Will, including completion, witnessing, and notifying the appropriate parties.

When it comes to filling out the Maryland Living Will form, it's easy to make mistakes that can lead to confusion or even legal challenges. Identifying these common missteps can help ensure wishes are clearly communicated and legally recognized. The following list highlights eight of the most frequent errors people make:

1. Not reading instructions thoroughly. The form may seem straightforward, but every detail matters. Overlooking specific instructions can lead to filling out sections incorrectly or omitting crucial information.

2. Failing to discuss choices with family or healthcare providers. It's essential to talk about decisions with those who it may impact to prevent surprises and ensure your wishes are understood.

3. Not being specific about medical treatments. Vague language can make it difficult for healthcare providers to understand your preferences. Clear, concise details help avoid ambiguity.

4. Forgetting to update the form after significant life changes. A living will should reflect your current wishes. Changes in health, family dynamics, or personal views may necessitate revisions.

5. Using unofficial forms or adding unofficial addendums. Stick to the official Maryland Living Will form and follow the proper procedure for any alterations to ensure legal validity.

6. Not signing or dating the form. An unsigned or undated living will is not legally binding. Ensure the form is properly executed according to Maryland law.

7. Lack of witness or notary signatures. Many overlook the requirement for witness or notary signatures, which are necessary for the document to be considered valid.

8. Improper storage. Filing the living will where it cannot be easily accessed, like a safe deposit box, can delay its use when it’s needed. Inform trusted family members or healthcare proxies of its location.

By avoiding these mistakes, individuals can ensure their Maryland Living Will clearly and legally expresses their healthcare wishes, providing peace of mind and guidance for loved ones and medical professionals alike.

When preparing for future healthcare decisions, the Maryland Living Will form is often just the beginning. Understanding complementary documents enhances the ability to ensure one's wishes are respected. These documents provide comprehensive coverage of various aspects surrounding healthcare preferences and estate management, offering peace of mind to both the individual and their loved ones.

• Durable Power of Attorney for Health Care: This legal document allows an individual to appoint a trusted person to make healthcare decisions on their behalf if they become unable to do so. Unlike a Living Will, which is directive, this provides an agent with decision-making authority.
• Financial Power of Attorney: This authorizes someone to handle your financial affairs, which may include paying bills, managing investments, and other financial decisions. It's important because health crises can often bring unexpected financial decisions that need timely actions.
• Advance Directive: An Advance Directive combines a Living Will and a Power of Attorney for Health Care into one document. It outlines your healthcare wishes and appoints an agent to enforce those wishes, offering a more streamlined approach to end-of-life planning.
• Do Not Resuscitate (DNR) Order: A DNR is a medical order that tells healthcare providers not to perform CPR if a person's breathing or heartbeat stops. It is separate from a Living Will but is an important document for those who wish to refuse such life-sustaining measures.
• Last Will and Testament: This legal document specifies how an individual's assets and estate will be distributed after death. While not directly related to healthcare decisions, it is an essential component of a comprehensive end-of-life plan.
• Organ and Tissue Donor Registration: While not a form in the traditional sense, registering as an organ donor can be an integral part of one's end-of-life wishes, allowing individuals to give the gift of life to others. This can be indicated on your driver's license and in an Advance Directive.

Each document serves a distinct purpose, contributing to a thorough plan that addresses a range of potential situations. Together with the Maryland Living Will, these documents provide a robust legal framework that ensures an individual's preferences are known and respected, regardless of future health outcomes. Considering these documents in unison allows individuals and their families to approach difficult decisions with clarity and confidence.

• Advance Directive: An Advance Directive and a Living Will share a common goal: both articulate a person’s preferences for medical care if they are unable to communicate those wishes themselves. While a Living Will specifically addresses end-of-life care, an Advance Directive can also include the appointment of a health care proxy to make decisions on the person's behalf.

• Medical Power of Attorney (Healthcare Proxy): This document, like a Living Will, allows a person to outline their healthcare preferences. The key difference lies in its function; a Medical Power of Attorney nominates another individual to make healthcare decisions on the person’s behalf, rather than outlining specific medical interventions or treatments.

• Durable Power of Attorney: Similarly aiming to plan for future incapacity, a Durable Power of Attorney allows an individual to appoint an agent to make financial decisions on their behalf, unlike a Living Will’s focus on health care decisions. Both documents remain in effect even if the person becomes incapacitated.

• Do Not Resuscitate (DNR) Order: A DNR is a medical order that tells health care professionals not to perform CPR if a person’s breathing stops or if their heart stops beating. A Living Will may include preferences for a DNR, but a DNR is specifically an order used by medical teams.

• Organ and Tissue Donation Form: This document specifies an individual’s wishes regarding the donation of their organs and tissues after death. A Living Will may also cover organ donation preferences, highlighting individuals' desires about their bodies after life-sustaining treatment is withheld or withdrawn.

• Five Wishes Document: The Five Wishes Document acts similarly to a Living Will by addressing personal, spiritual, and medical wishes at the end of life. It goes beyond traditional directives by incorporating more personal expressions about comfort care, dignity, and how the individual wishes to be remembered, offering a comprehensive approach to end-of-life planning.

• Emergency Medical Information Card: While differing in format, this practical card shares a purpose with the Living Will: it communicates important health care choices in urgent situations. An Emergency Medical Information Card typically includes information about allergies, medical conditions, and sometimes, end-of-life wishes similar to those found in a Living Will, but in a format that is immediately accessible during emergencies.

Filling out a Maryland Living Will is a significant step in planning for future healthcare decisions. This document allows you to express your wishes regarding medical treatments you would want, or not want, if you become unable to make decisions for yourself. Here are some important do's and don’ts to keep in mind when completing your Maryland Living Will form:

• Do thoroughly read the instructions provided with the form to understand how to correctly fill it out. Understanding each section ensures that your wishes are clearly communicated.
• Do consider discussing your wishes with your family, close friends, and especially the person you intend to appoint as your healthcare agent. This conversation can help ensure that your loved ones understand your preferences and the reasons behind them.
• Do be as specific as possible about your medical treatment preferences. The more detail you provide, the easier it will be for your healthcare agent and medical providers to follow your wishes.
• Do sign and date the form in the presence of a notary public or two qualified witnesses, as required by Maryland law. This step is crucial for your Living Will to be considered valid.
• Don’t leave any section blank without intentional consideration. If a section doesn’t apply or you prefer not to specify a decision in a certain area, it’s better to note that explicitly.
• Don’t forget to update your Living Will if your medical wishes change. It’s important to review and possibly revise your document periodically, especially after significant life events.
• Don’t use vague language. Ambiguity in your Living Will can lead to confusion and make it difficult for your healthcare agent and medical providers to know what you truly want.
• Don’t keep your Living Will in a secret place. Make sure your healthcare agent, family, and doctor have copies or know where to find the original document.

• A common misconception is that the Maryland Living Will form is too complicated for anyone without a legal background to complete. In reality, the form is designed to be accessible. It guides individuals through their healthcare preferences without the need for legal jargon.

• Many believe that a lawyer must be present when signing the form for it to be valid. This is not the case. Although having legal advice can be beneficial, it is not required. The form only needs to be signed in the presence of two witnesses.

• Some think that a Maryland Living Will is only for the elderly or those with serious health conditions. However, any competent individual over the age of 18 can and should consider preparing a Living Will. This document ensures that your healthcare wishes are known and respected, regardless of your health status.

• There's a misconception that completing a Living Will locks you into your decisions permanently. On the contrary, you can update or revoke your Living Will at any time, as long as you are competent. It's important to review it periodically, especially after significant life changes.

• Another incorrect belief is that a Living Will is the same as a Last Will and Testament. A Living Will specifies your preferences for medical treatment if you become unable to communicate them yourself. A Last Will and Testament deals with the distribution of your estate after your death.

• Many assume that once a Living Will is completed, no further action is required. It's crucial, however, to communicate your wishes and provide copies of the document to your healthcare providers, a legal representative, and close family members. This ensures that your preferences are understood and can be accessed quickly when needed.

Filling out and using the Maryland Living Will form is an important step in handling one's health care preferences in anticipation of a situation where one may no longer be able to make these decisions. This document allows individuals to outline their wishes regarding the types of medical treatment they want or do not want if they become unable to express those preferences. Here are key takeaways about utilizing this crucial form.

• Understanding the purpose: The Maryland Living Will is designed to provide clear instructions about your health care choices, ensuring that your wishes are known and considered if you cannot communicate them yourself due to incapacitation.
• Eligibility: Any competent adult in Maryland can create a Living Will. It's crucial to complete this document while you are able to make and communicate your health care decisions clearly.
• Choosing an agent: While the Living Will itself doesn't appoint a health care agent, it's often completed alongside a Health Care Power of Attorney, where you can designate someone to make decisions on your behalf based on the preferences outlined in your Living Will.
• Specificity is key: Be as detailed as possible when expressing your wishes in your Living Will. This can include treatments you would like to avoid, such as mechanical ventilation or tube feeding, under certain circumstances.
• Legal requirements: For your Living Will to be legally valid in Maryland, it must be signed by you and witnessed by two individuals. The witnesses must not be beneficiaries of your estate or have any vested interest in your health care decisions.
• Revocation at any time: You can revoke or change your Living Will at any time, provided you are competent. This can be done through a new document or by physically destroying the original.
• Communication is essential: It's important to talk about your wishes with your family, close friends, and especially the person you might appoint as your health care agent, if applicable. Knowing and understanding your desires will help them advocate on your behalf.
• Distribution: Give copies of your completed Living Will to your health care agent (if you have one), your doctor, and perhaps family members or close friends. It’s also wise to keep a copy in a safe but accessible place.
• Review and update: Revisit your Living Will periodically and especially after any major life changes, such as marriage, divorce, a significant health diagnosis, or the death of a loved one, to see if it still reflects your current wishes.
• Legal vs. Medical advice: Though your Living Will is a legal document, discussing your choices with a healthcare provider can ensure that your decisions are informed by a thorough understanding of medical implications.

By carefully considering and completing a Living Will, you take a proactive step in managing your future health care. This document not only serves to uphold your personal healthcare beliefs and preferences but also aids your loved ones and healthcare providers in making decisions that align with your wishes, providing peace of mind during difficult times.