Key Takeaways
- A Maryland Medical Power of Attorney is often part of the Advance Directive, which also includes a Living Will.
- You must be of sound mind to sign the document and do so in the presence of two competent witnesses.
- Maryland accepts the Five Wishes form or another custom form as alternatives to the standard Attorney General form.
- Your healthcare agent can only act when a physician determines your inability to make and communicate medical care decisions.
A Maryland Medical Power of Attorney comes within the standard Advance Directive form. The two-in-one document includes an overview of your treatment preferences and the designation of a health care agent.
The Medical Power of Attorney (MPOA) section appoints a competent adult to make health care decisions when you cannot do so yourself. Careful planning before signing the document gives you peace of mind without delegating too much authority to the agent.
Get Your Medical Power of Attorney
Keep reading to understand how to create a valid Maryland MPOA and learn how the law affects your decisions.
What Is a Maryland Medical Power of Attorney?
A Maryland Medical Power of Attorney is a document that designates an adult to make health care decisions for another person. The person creating the document grants the agent authority to act on their behalf if they become incapacitated.
Only the principal can determine the extent of authority they wish to grant the agent, who can be any willing adult of sound mind. And the agent must always act in accordance with the patient's wishes, not their own.
Maryland also allows parents to create a Medical Power of Attorney for minor children. The Minor Power of Attorney appoints another adult to make healthcare decisions for the child when the parent is away or unable to act.
You must sign and date a Maryland Medical Power of Attorney to make it valid.
Which Laws Apply to the Maryland Medical Power of Attorney?
State laws determine how to get a Medical Power of Attorney in Maryland.
The Maryland Health Care Decisions Act (§§ 5-601 et seq), guides patients, physicians, and agents in signing and honoring the MPOA.
The law stipulates the following:
- A competent individual has the right to appoint a healthcare agent.
- You may provide specific instructions regarding mental health services.
- Surrogates can step in to make medical care decisions if the patient becomes incapacitated without a healthcare agent.
- You may use the document to outline end-of-life decisions, including resuscitation and life-sustaining treatments. (§ 5-608)
- Physicians who act in good faith have immunity if they follow your directives.
Why do you need a Medical Power of Attorney in Maryland?
As is true for all estate planning tools, the sooner you sign an MPOA, the better. Aside from guiding healthcare professionals regarding your wishes, the document achieves the following:
- It gives you peace of mind knowing someone will look out for you when you cannot speak for yourself.
- Prevents court fees and eliminates time spent waiting for the court-appointed guardianship.
- Prevents confusion in an emergency.
It is in your best interest to appoint a healthcare agent and put your decisions in writing before it is too late.
How To File a Maryland Medical Power of Attorney
Doctors can only honor a valid Advance Directive. If a signature is missing or an agent is unwilling, they will revert to other alternatives. Therefore, you must confirm that it meets all set conditions.
You must meet the following requirements to have a valid medical power of attorney in Maryland.
- You must be an adult of sound mind
- The document must be written
- You (the principal) must sign it
- Two witnesses must sign to verify that you are of sound mind when signing
- Witnesses cannot be the appointed agent
Although the Medical Power of Attorney is part of the comprehensive Advance Directive, you can skip the Living Will section and only appoint an agent.
Does a Maryland Medical Power of Attorney need to be notarized?
Notarization is not required, though it's highly recommended.
You may also appoint up to two back-up agents to act in the primary agent's capacity if the latter is unreachable, unable, or unwilling to act as your agent. This step is optional and does not affect the document's validity.
Start your Medical Power of Attorney today using this professional Advance Directive Form.
Key Takeaways
- A Maryland Medical Power of Attorney is often part of the Advance Directive, which also includes a Living Will.
- You must be of sound mind to sign the document and do so in the presence of two competent witnesses.
- Maryland accepts the Five Wishes form or another custom form as alternatives to the standard Attorney General form.
- Your healthcare agent can only act when a physician determines your inability to make and communicate medical care decisions.
A Maryland Medical Power of Attorney comes within the standard Advance Directive form. The two-in-one document includes an overview of your treatment preferences and the designation of a health care agent.
The Medical Power of Attorney (MPOA) section appoints a competent adult to make health care decisions when you cannot do so yourself. Careful planning before signing the document gives you peace of mind without delegating too much authority to the agent.
Get Your Medical Power of Attorney
Keep reading to understand how to create a valid Maryland MPOA and learn how the law affects your decisions.
What Is a Maryland Medical Power of Attorney?
A Maryland Medical Power of Attorney is a document that designates an adult to make health care decisions for another person. The person creating the document grants the agent authority to act on their behalf if they become incapacitated.
Only the principal can determine the extent of authority they wish to grant the agent, who can be any willing adult of sound mind. And the agent must always act in accordance with the patient's wishes, not their own.
Maryland also allows parents to create a Medical Power of Attorney for minor children. The Minor Power of Attorney appoints another adult to make healthcare decisions for the child when the parent is away or unable to act.
You must sign and date a Maryland Medical Power of Attorney to make it valid.
Which Laws Apply to the Maryland Medical Power of Attorney?
State laws determine how to get a Medical Power of Attorney in Maryland.
The Maryland Health Care Decisions Act (§§ 5-601 et seq), guides patients, physicians, and agents in signing and honoring the MPOA.
The law stipulates the following:
- A competent individual has the right to appoint a healthcare agent.
- You may provide specific instructions regarding mental health services.
- Surrogates can step in to make medical care decisions if the patient becomes incapacitated without a healthcare agent.
- You may use the document to outline end-of-life decisions, including resuscitation and life-sustaining treatments. (§ 5-608)
- Physicians who act in good faith have immunity if they follow your directives.
Why do you need a Medical Power of Attorney in Maryland?
As is true for all estate planning tools, the sooner you sign an MPOA, the better. Aside from guiding healthcare professionals regarding your wishes, the document achieves the following:
- It gives you peace of mind knowing someone will look out for you when you cannot speak for yourself.
- Prevents court fees and eliminates time spent waiting for the court-appointed guardianship.
- Prevents confusion in an emergency.
It is in your best interest to appoint a healthcare agent and put your decisions in writing before it is too late.
How To File a Maryland Medical Power of Attorney
Doctors can only honor a valid Advance Directive. If a signature is missing or an agent is unwilling, they will revert to other alternatives. Therefore, you must confirm that it meets all set conditions.
You must meet the following requirements to have a valid medical power of attorney in Maryland.
- You must be an adult of sound mind
- The document must be written
- You (the principal) must sign it
- Two witnesses must sign to verify that you are of sound mind when signing
- Witnesses cannot be the appointed agent
Although the Medical Power of Attorney is part of the comprehensive Advance Directive, you can skip the Living Will section and only appoint an agent.
Does a Maryland Medical Power of Attorney need to be notarized?
Notarization is not required, though it's highly recommended.
You may also appoint up to two back-up agents to act in the primary agent's capacity if the latter is unreachable, unable, or unwilling to act as your agent. This step is optional and does not affect the document's validity.
Start your Medical Power of Attorney today using this professional Advance Directive Form.
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