A Maryland advance directive is a health care planning tool that enables an individual to detail who their health care agent will be and their preferences with regard to medical treatments in critical or vegetative states. Another part of this document enables the executor to relay their wishes concerning organ donation, disposition of the body, and other post-death procedures. Generally speaking, this document becomes effective once the patient’s physician has deemed them incapacitated and therefore unable to make decisions on their own. However, it can also become effective immediately after its execution.

Agent’s Duties – § 5-605(c)

Laws – Title 5, Subtitle 6 (Health Care Decisions Act)

Signing Requirements (§ 5-602(c)(1)) – Two (2) Witnesses

Statutory Form – § 5–603

State Definition

Statute – § 5–601(b)

“Advance directive” means:

(1) A witnessed written or electronic document, voluntarily executed by the declarant in accordance with the requirements of this subtitle;

(2) A witnessed oral statement, made by the declarant in accordance with the provisions of this subtitle; or

(3) An electronic document, voluntarily executed by the declarant, in which the declarant’s identity is authenticated in accordance with the guidelines described in § 5– 602(c)(3) of this subtitle.