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HEALTH CARE PLANNING
USING ADVANCE DIRECTIVES
Optional Form Included
Your Right To Decide
Adults can decide for themselves
whether they want medical treatment.
This right to decide - to say yes or no to
proposed treatment - applies to
treatments that extend life, like a
breathing machine or a feeding tube.
Tragically, accident or illness can take
away a person's ability to make health care
decisions. But decisions still have to be
made. If you cannot do so, someone else
will. These decisions should reflect your
own values and priorities.
A Maryland law called the Health Care
Decisions Act says that you can do health
care planning through “advance
directives.” An advance directive can be
used to name a health care agent. This is
someone you trust to make health care
decisions for you. An advance directive can
also be used to say what your preferences
are about treatments that might be used to
sustain your life.
The State offers a form to do this
planning, included with this pamphlet. The
form as a whole is called “Maryland
Advance Directive: Planning for Future
Health Care Decisions.” It has three parts
to it: Part I, Selection of Health Care Agent;
Part II, Treatment Preferences (“Living
Will”); and Part III, Signature and
Witnesses. This pamphlet will explain
each part.
The advance directive is meant to
reflect your preferences. You may
complete all of it, or only part, and you may
change the wording. You are not required
by law to use these forms. Different forms,
written the way you want, may also be
used. For example, one widely praised
form, called Five Wishes, is available (for a
small fee) from the nonprofit organization
Aging With Dignity. You can get
information about that document from the
Internet at www.agingwithdignity.org or
write to: Aging with Dignity, P.O. Box 1661,
Tallahassee, FL 32302.
This optional form can be filled out
without going to a lawyer. But if there is
anything you do not understand about the
law or your rights, you might want to talk
with a lawyer. You can also ask your
doctor to explain the medical issues,
including the potential benefits or risks to
you of various options. You should tell
your doctor that you made an advance
directive and give your doctor a copy,
along with others who could be involved in
making these decisions for you in the
future.
In Part III of the form, you need two
witnesses to your signature. Nearly any
adult can be a witness. If you name a health
care agent, though, that person may not be
a witness. Also, one of the witnesses must
be a person who would not financially
benefit by your death or handle your
estate. You do not need to have the form
notarized.
This pamphlet also contains a separate
form called “After My Death.” Like the
advance directive, using it is optional. This
form has four parts to it: Part I, Organ
Donation; Part II, Donation of Body; Part
III, Disposition of Body and Funeral
Arrangements; and Part IV, Signature and
Witnesses.
Once you make an advance directive, it
remains in effect unless you revoke it. It
does not expire, and neither your family
nor anyone except you can change it. You
should review what you've done once in a
while. Things might change in your life, or
your attitudes might change. You are free
to amend or revoke an advance directive
at any time, as long as you still have
decision-making capacity. Tell your doctor
and anyone else who has a copy of your
advance directive if you amend it or
revoke it.
If you already have a prior Maryland
advance directive, living will, or a durable