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Last Page Edit 02/06/08
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Medical Decisions As an unmarried cohabitant, there may come a time when one partner is injured or incapacitated, or otherwise unable to speak for himself or herself. In this instance, the Maryland Code designates which people in what order are allowed to make medical decisions on a person’s behalf. In descending order of priority, the list starts with any person appointed by a court as a guardian for health care purposes, then the spouse, an adult child, parent, adult brothers or sisters, and finally a friend or other relative with an appropriate affidavit. Proper authorization must be given to a health care agent through an advance directive for someone other than these people to make medical decisions. In Maryland, an advance directive, sometimes called a living will, is a witnessed statement that authorizes the provision, withholding or withdrawing of any life-sustaining procedure. Usually the statement must be in writing, but an oral statement made in the presence of a witness and the attending physician may suffice if it is documented as a part of the medical record and dated and signed by both the physician and the witness. The appointment of a health care agent is helpful because it designates someone to speak for you when you are unable to make your own medical decisions. Using an advance directive, an agent can refuse or accept life-sustaining treatment, choose among medical alternatives, and participate in family-only or restricted visiting hours. Although your physician and other hospital staff may respect your wishes concerning hospital visitation for your partner, through an advance directive you can give your partner the legal authority to visit you. Click here for sample advance directives and living wills. A sample advance directive package for Maryland, complete with hints and instructions, can be downloaded from the website of Partnership for Caring, at www.partnershipforcaring.org. Source: This section is drawn from the booklet entitled "Legal Rights of Unmarried Cohabitants in Maryland" produced by and available from The Women's Law Center. Updated 7/10/01. Source: Maryland State Law Library (MSLL) Last Legal Update 02/06/08 (PLL/M.A.J.)
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