Maryland Living Will
Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms
Living Will Form for use in Maryland.
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Use this form if:
- You are at least 18 years of age.
- You reside in Maryland.
This is what you will receive:
- Information, Instructions and Maryland Statutory References for the Living Will
- A lawyer-prepared Maryland Living Will Form.
Maryland Living Will
Product Details
| Product | Maryland Living Will |
| Country | United States |
| Pages | 9 |
| Dimensions | Designed for Letter Size (8.5" x 11") |
| Printer compatibility | Designed to print on all ink-jet and laser printers |
| Editable | Yes (.doc, .wpd and .rtf) |
| Format |
Microsoft Word Adobe PDF WordPerfect Rich Text Format |
| Platform |
Windows Compatible Mac Compatible Linux Compatible |
| Availability | In Stock. Instant Download |
| Usage | Unlimited number of prints |
| Category | Living Wills |
| Product number | #19243 |
| Download time | Less than 1 minute (approx.) |
| Document Access |
Via secret online address Email with download links Email with attachment upon request |
| Refund Policy | 60 days, no-questions asked, 100% money back guarantee |
Frequently Asked Questions
Living Will FAQ
What is a Living Will?
A Living Will is a legal document that explains your wishes for your medical care in extreme and specific circumstances. Though it is called a “will,” it is only similar to a standard will in that it explains what you want to happen while you are unable to explain your own wishes. However, a Living Will can still be used while you are alive – hence the name – but will be employed only when you are mentally/physically incapable of expressing your wishes yourself.
Essentially, a Living Will is a legal document that tells your doctors and family how to handle your medical care in situations where you cannot express those wishes yourself. It is separate from a Durable Power of Attorney for Health Care in that it lays out your wishes and a Durable Power of Attorney for Health Care appoints someone to make your medical decisions on your behalf.
Why would I need a Living Will?
A Living Will is crucial to use if you have specific wishes on how you want to be treated in certain situations – for example, if you are mentally incapacitated in an accident. If you want to continue to receive life-saving treatment, you can establish this in your Living Will and ensure that this is the treatment you receive. Without a Living Will, the decision may pass to someone else,and they may make the decision you did not want to have made.
What kind of information can I put in a Living Will?
Generally, the Living Will will address life-prolonging health care you receive while you’re incapacitated. You are known as the “declarant,” which means you’re simply declaring your wishes regarding this type of medical care. You will typically need to address what you want in the cases of highly specific issues; this means you’ll likely go through a few of these issues hypothetically and write down your wishes should these scenarios ever arise. Information such as who you want to make decision for you are left to other documents and can be handled with a comprehensive Advance Health Care Directive (see next question).
What is an Advance Health Care Directive?
An Advance Health Care Directive is essentially a comprehensive plan you have for situations that would call for Living Wills, but is slightly more comprehensive than a Living Will because it will also include the naming of a proxy that can make your decisions for you. In this situation, the Living Will is then used as a guideline for your wishes (to be carried out by the person granted your Health Care Power of Attorney), but not necessarily the final word in any particular decision made about your health care.
Technically, a Living Will is a type of Advance Health Care Directive, which simply refers to any arrangements you make in advance of health care issues like those presented here.
If I have a Living Will, do I still need a Will?
Yes, because a Will addresses completely separate issues from that of a Living Will. While both documents address difficult scenarios to think about, they are completely separate scenarios as well. In the Will, you make arrangements for what will happen to your property after your passing. In the Living Will, you make arrangements for how you want your body cared for while you’re still alive – with the possibility of recovering or not.
Is a Living Will similar to a Living Trust?
Though they might sound the same, in reality the two different arrangements have little to do with each other. A Living Trust is an arrangement that you can set up in order to transfer property upon your death while a Living Will is an arrangement in which you address your medical issues while still alive.
What kind of events might necessitate reviewing my Living Will?
Though the Living Will generally won’t require many changes over the years (except the changes you personally want to make), it’s important to remember that an Advance Health Care Directive such as a Living Will might depend on a durable power of attorney for health care that you wanted to appoint to a spouse that you are no longer married to. This is why it’s important to review these documents after a divorce, as well as regularly revisit them from time to time to ensure that they match your wishes.
What’s the difference between a Living Will and Durable Power of Attorney for Health Care?
The Living Will establishes your wishes; the Durable Power of Attorney for Health Care establishes who will make the decisions on your behalf while you’re still alive, albeit incapacitated. In essence, the Living Will allows you to make your own decisions and the Durable Power of Attorney for Health Care appoints someone else to make them for you. Both can be useful to have, however, simply because you may not have thought of every possible scenario in your Living Will.
When is a Living Will enforceable?
A Living Will is enforceable only when it is legally crafted (according to the laws in your state), signed, and when the circumstances that the Living Will describes actually come to pass. Otherwise, your medical decisions will all be handled normally. Also, it is important to remember that if you appoint someone with Durable Power of Attorney for Health Care, they may be able to make the final decisions about your health care.
What are the requirements for a Living Will to be valid?
The Living Will should conform to all local and state laws and should address issues that will actually arise in the event of a medical emergency or specific condition.
When is a Living Will effective?
A Living Will’s effectiveness depends on whether or not it is valid (see question above) and whether the situations described in the Living Will actually come to pass. If not, you will simply continue to live your life the way you usually have, making your own medical decisions along the way.
Is This Form Right For You?
Use This Form If:
- Individuals who wish to ensure their healthcare preferences are honored in the event of terminal illness or incapacitation should consider completing a Maryland Living Will. This document allows them to specify whether they want life-prolonging treatments or to refuse them, providing peace of mind for both themselves and their loved ones.
- Situations requiring clear communication of medical wishes often arise when a person is diagnosed with a serious illness. By preparing a Living Will, they can articulate their desires regarding medical interventions, alleviating the burden on family members to make difficult decisions during emotional times.
- For those planning for the future, a Maryland Living Will is essential for ensuring that their healthcare choices are respected even when they cannot communicate them. This form serves as a legal directive that guides healthcare providers in making decisions aligned with the individual’s values and preferences.
- Families facing the prospect of a loved one becoming incapacitated can benefit from having a Living Will in place. This document can prevent potential conflicts among family members by clearly outlining the patient’s wishes regarding life-sustaining treatments.
- Healthcare providers may require a Living Will to comply with legal standards and ensure that they are acting in accordance with the patient's wishes. This form provides the necessary legal framework to guide medical decisions when a patient is unable to express their preferences.
Do Not Use If:
- – This form is not appropriate for individuals who are not yet 18 years old, as Maryland law requires that only adults can create a Living Will. Minors do not have the legal capacity to make such decisions regarding their healthcare.
- – If a person is currently in a state of mental incapacity or is unable to understand the implications of a Living Will, it is not advisable to complete this document. It is essential that the individual has the capacity to make informed decisions about their medical treatment.
- – A Maryland Living Will should not be used by individuals who are not residents of Maryland, as the legal requirements and implications may differ in other states. Each state has its own laws governing Living Wills and advance directives.
- – In situations where a person has already designated a healthcare proxy or power of attorney, a Living Will may not be necessary. The designated individual can make healthcare decisions on behalf of the person, potentially making a Living Will redundant.
- – This form is not suitable for individuals seeking to address financial or estate planning matters, as it specifically pertains to healthcare decisions. For those needs, other legal documents such as a will or trust should be utilized.
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Product Laws
Living Will Laws - Maryland
State Law Reference: Maryland Code.
Living Will Form: Advance Medical Directive Health Care Instructions serve as Living Will (Health General, Section 5-603).
Other Directives: An organ donation form is provided on this site as part of the state-specific Advance Health Care Directive under the Anatomical Gift Act (Estates & Trusts, Section 4-501).
Living Will Effective: Two (2) physicians must agree in writing that you are incapable of making an informed health care decision, but you are not unconscious or unable to communicate by any other means. (Health General, Section 5-606).
Living Will/Advance Health Care Directive Witness Requirements: Sign in the presence of two (2) adult witnesses. The person you assign as your agent cannot be a witness. At least one (1) of your witnesses must be a person who is not entitled to any portion of your estate or financial benefit by reason of your death. (Health General, Section 5-603).
Advance Health Care Directive: State-specific form is provided by legislature and is referred to as Maryland Advance Directive: Planning for future Health Care Decisions. (Health General, Section 5-603).
Durable Health Care Power of Attorney: Agent may make health care decisions for declarant under circumstances stated in directive based on wishes of declarant; decision regarding the provision, withholding of life-sustaining procedures should be based, in whole or in part, on the patients preexisting, long-term mental or physical disability or a patient’s economic disadvantage; can’t authorize sterilization or treatment for mental disorder. Revocable at any time by (1) signed and dated writing; oral statement to health care practitioner; (3) execution of subsequent directive. Declaration executed out-of-state by nonresident is effective if declaration is in compliance with the laws of Maryland or the laws of the state where executed (to the extent permitted by the laws of Maryland). Any health-care provider who withholds or withdraws health care or life-sustaining procedures in accordance with this subtitle and in good faith, is not subject to civil or criminal liability and may not be found to have committed professional misconduct. State-specific form is part of Advance Health Care Directive. (Health General, Section 5-603). Follow signature, witness, and notary requirements as noted on form.
Durable Financial Power of Attorney: No state-specific form provided by legislature. (Estates and Trusts, Section 13- 601). Follow signature, witness, and notary requirements as noted on form.
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