Maryland Living Wills and Advance Directives: What You Need to Know

Making a Maryland advance directive (power of attorney and living will) is an important estate planning step.

Why do you need a living will and power of attorney for health care (called an advance directive in Maryland)?


What are health care forms called in Maryland?



In Maryland, these two documents are combined into a single form called an advance directive.

Who makes health care decisions for me in Maryland?

In Maryland, the person you name to make decisions for you is called your agent. Most people name a spouse, partner, relative, or close friend as their agent. Under Maryland law, your agent may not be an owner, operator or employee -- or the spouse, parent, child or sibling of an owner, operator or employee -- of a health care facility where you are receiving treatment unless he or she would qualify as your surrogate decision maker under Maryland law or is appointed before you receive, or contract to receive, health care from the facility. Your spouse, parent, child, sibling, guardian, close friend or relative may qualify as a surrogate decision maker in Maryland.

What else do I need to know about choosing an agent in Maryland?


While you need not name someone who lives in Maryland, the person you name should at least be willing and able to travel to your bedside if necessary.


Do I need a lawyer to make health care documents in Maryland?

You usually don't need a lawyer to prepare documents directing your health care. In fact, state governments have designed these forms for people to complete on their own by filling in the blanks. You can find the health care forms you need for Maryland in Nolo's Quicken WillMaker Plus software. The software includes detailed instructions for completing your documents and meets all Maryland legal requirements.

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