http://resources.lawinfo.com/rss/en/legal-faqs/estate-planning/maryland/index.html LawInfo provides Free Maryland Estate Planning FAQs to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-are-advance-directives.html A Maryland Law called the Health Care Decisions Act says you have the right to make health care decisions in advance, through instructions called "advance directives." An advance directive can be used to name a health care agent, and to say what your treatment preferences are, especially about medical procedures that might be used to sustain your life. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-are-advance-directives.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-is-a-health-care-agent.html A person you designate to make health care decisions for you, should you become incapacitated. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-is-a-health-care-agent.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/who-can-i-choose-to-be-my-health-care-agent.html You can choose a family member or anyone else you trust to make health care decisions for your. Remember, your agent will have the power to make important decisions, even if other people close to you might urge a different decision. Choose your health care agent carefully. Also, consider choosing a back­up agent, in case your first choice isn't available or is unwilling to make a health care decision on your behalf. Don't choose someone without telling that person. Make sure that the person Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/who-can-i-choose-to-be-my-health-care-agent.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-i-have-to-choose-a-health-care-agent.html No. Whether or not you name a health care agent, you have the right to use the advance directive to state decisions about treatment issues that might come up. Remember, that if you name a health care agent and make decisions about treatment in an advance directive, your agent will be bound by the decisions you make. Many people prefer to give their agents more flexibility. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-i-have-to-choose-a-health-care-agent.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-is-the-difference-between-a-living-will.html A living will is a more limited type of advance directive because you only make decisions about life­sustaining procedures in the event that your death from a terminal condition is imminent despite the application of life­sustaining procedures or you are in a persistent vegetative state (permanent unconsciousness). The advance directive provides you with many more options, including the naming of a health care agent. With the advance directive, you can also make decision about life­s Maryland Estate Planning FAQs Mon, 04 Jun 2007 20:51:22 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-is-the-difference-between-a-living-will.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-is-an-end-stage-condition.html It's an advanced, progressive and incurable condition resulting in complete physical dependency, like advanced Alzheimer's disease. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-is-an-end-stage-condition.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-i-have-to-use-any-particular-form.html The Health Care Decisions Act sets out two optional forms, which can be downloaded from this site. The shorter one is titled "Living Will." The longer one is titled "Advance Directive," and it has two parts, Part A and Part B. These forms are intended to be guides. You may complete all of a form, or only the parts you want to use. You are not required by law to use these forms. Different forms, written the way you want, may also be used. Maryland Estate Planning FAQs Tue, 10 Jun 2008 13:16:17 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-i-have-to-use-any-particular-form.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-i-need-witnesses.html Yes. You need two witnesses to your signature on these or other forms. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-i-need-witnesses.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/who-can-be-a-witness.html Any competent individual, including a doctor or employee of a health care facility. If you name a health care agent, that person may not be a witness. One of the witnesses must be a person who would not financially benefic by your death. You do not need to have any form notarized. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/who-can-be-a-witness.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/how-long-does-an-advance-directive-remain-in.html Once you make an advance directive, it remains in effect unless you revoke it. It does not expire. Maryland Estate Planning FAQs Mon, 04 Jun 2007 20:51:22 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/how-long-does-an-advance-directive-remain-in.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/can-i-change-my-mind.html Yes. You should review what you've written periodically, so that your advance directive always reflects your current thinking. You are free to change or revoke an advance directive at any time. Be sure to tell your doctor any anyone else who has a copy of your advance directive if you decide to change it or revoke it. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/can-i-change-my-mind.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-if-i-already-have-a-living-will-or-durab.html If you have a living will or durable power of attorney for health care prepared before October 1, 1993, that document is still valid. However, you may want to review it to see if you would prefer a new advance directive. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/what-if-i-already-have-a-living-will-or-durab.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/can-i-be-denied-health-care-if-i-dont-have-an.html No. You cannot be denied health care from any health care provider simply because you decided not to fill out a form. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/can-i-be-denied-health-care-if-i-dont-have-an.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/who-can-i-select-as-my-health-care-agent.html Anyone who is 18 or older, except, in general, an owner, operator, or employee of a health care facility where a patient is receiving care Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/who-can-i-select-as-my-health-care-agent.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-the-forms-need-to-be-notarized.html No, but if you travel frequently to another state, check with your lawyer to see if that state requires notarization. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-the-forms-need-to-be-notarized.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-any-of-these-documents-deal-with-financial.html No. Consult your attorney to plan for financial matters. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/do-any-of-these-documents-deal-with-financial.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/when-using-these-forms-to-make-a-decision-how.html Write your initials next to the statement that says what you want. Don't use checkmarks or X's. Then draw lines all the way through the other statements that do not say what you want. Please don't make inconsistent choices. For example, if you initial any or all of items 1,2 and 3 on Part B of the advance directive, do not initial item 5. Draw lines through it instead. Also be very careful about item 4. Draw lines through it if you want to make sure that you get pain relief of medication. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/when-using-these-forms-to-make-a-decision-how.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/should-you-fill-out-both-the-living-will-and.html It depends on what you want to do. If you want to name a health chare agent, you should fill out Part A of the advance directive. The living will form does not allow for appointment of a health care agent. The living will form lets you decide about life­sustaining procedures in the event of terminal condition or persistent vegetative state. If you want to decide about life­sustaining procedures not only in the event of terminal condition or persistent vegetative state but also "end­s Maryland Estate Planning FAQs Mon, 04 Jun 2007 20:51:22 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/should-you-fill-out-both-the-living-will-and.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/are-these-forms-valid-in-another-state.html It depends on the laws in the other states. Most states will honor an advance directive made somewhere else. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/are-these-forms-valid-in-another-state.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/to-whom-should-i-give-copies-of-my-advance-di.html Your doctor, health care agent (if you've named one), hospital or nursing home (if you will be staying in one) and family members or friends who should know of your wishes. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/to-whom-should-i-give-copies-of-my-advance-di.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/if-i-have-an-advance-directive-do-i-also-need.html Yes. If you don't want ambulance personnel to try to resuscitate you in the event of cardiac or respiratory arrest, you must have an EMS Palliative Care/DNR Order signed by your private physician. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/if-i-have-an-advance-directive-do-i-also-need.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/does-the-ems-palliative-care-dnr-order-have-t.html Yes. Because ambulance personnel who may be called to assist have so little time to evaluate the situation and act appropriately, it is not practical to ask them to interpret documents that may vary in form and content. So, a standardized form has been developed. Have your doctor or health care facility contact the Maryland Institute for Emergency Medical Services System (MIEMSS) at (410) 706­4367 to obtain information on EMS Palliative Care/DNR Orders. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/does-the-ems-palliative-care-dnr-order-have-t.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/can-i-use-an-advance-directive-to-make-an-org.html Yes. A special form for that purpose is included. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/can-i-use-an-advance-directive-to-make-an-org.html http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/where-can-i-go-for-additional-information.html If you have other questions, please talk to your doctor or lawyer. Or, if you have a question about the forms, you can call the Health Policy Division of the Attorney General's Office at (410) 576­6327 or email at adforms@oag.state.md.us. Maryland Estate Planning FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/estate-planning/maryland/where-can-i-go-for-additional-information.html