Last page edit 04/10/08

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How can you make a living will or advance directive for health care in Maryland?

  • By  a written document that was:
    •  voluntarily executed
    • by a person competent to execute it
    • dated and signed by the person (at by someone else at the person's direction if they can't sign their name)
    • signed by two witnesses
      • Witnesses can be any competent person, except
        • If a "health care agent" is appointed in the document, that person cannot be a witness.
        • At least one witness must be someone who is not knowingly entitled to any portion of the person's estate or knowingly entitled to any financial benefit from the death of the person
  • By an oral directive that was:
    • made in presence of the attending physician and at least one witness
    • documented in the person's medical record and was dated and signed by the physician and the witness

You can download sample forms, with instructions, for an advance directive, or living will from the Attorney General of Maryland's website. (The form and instructions are an Adobe PDF file)

Source: Legal Aid Bureau, updated by the Maryland State Law Library (MSLL).

Last legal review 4/10/08 (PLL/M.A.J.)

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances.  For legal advice, you should consult an attorney.  See our section on "Finding A  Lawyer In Maryland." The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders. 

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