Medical Power of Attorney in Maryland

Maryland uses an advance directive appointing a 'health care agent.' Any competent individual may make a written or electronic advance directive naming an agent to make health care decisions in the circumstances it describes, with the same signing rules as a living will (dated, signed, two witnesses; the agent cannot be a witness). An owner, operator or employee of a health care facility where the person is receiving care (or their close relative) generally may not serve as agent, nor may a person subject to a protective order protecting the declarant, or, in most cases, a spouse after a separation agreement or divorce filing.

A written advance directive (which can name a health care agent and state treatment wishes) must be dated, signed by or at the direction of the person making it, and signed by two witnesses. The health care agent may not be a witness, and at least one witness must not knowingly be entitled to any part of the person's estate or any financial benefit from the death. Notarization is not required. Maryland publishes an optional statutory advance directive form; other forms are also valid.

Any competent individual may make a written or electronic advance directive about providing, withholding or withdrawing health care (a living will). It must be dated, signed by or at the express direction of the person, and signed by two witnesses in the person's physical or electronic presence. Any competent individual may witness, including health care staff acting in good faith, except the person's health care agent, and at least one witness must not knowingly be entitled to any part of the person's estate or any financial benefit from the death. An oral directive is also valid if made to the attending physician, physician assistant or nurse practitioner with one witness and documented in the medical record.

Maryland has a "Maryland Statutory Form Personal Financial Power of Attorney" (Md. Code, Estates and Trusts 17-202), with a signature and notary acknowledgment block and a two-witness attestation. A power of attorney executed on or after October 1, 2010 must be signed by the principal (or by another person at the principal's explicit direction and in the principal's physical presence), acknowledged by the principal before a notary public, and attested and signed by two or more adult witnesses in the principal's presence and each other's presence (Estates and Trusts 17-110). For health care, Health-General 5-603 provides the form "Maryland Advance Directive: Planning for Future Health Care Decisions," with signature and witness lines.