Who can be a surrogate decision-maker?

It follows the order below. If there is no one in a category, or the person in that category declines to make the decisions, the authority moves down the list.

• a court appointed guardian
• the person's spouse
• an adult child of the person
• the person's parent
• an adult brother or sister of the patient

• A friend or other relative who

  • is competent, and

  • presents an affidavit to the attending physician stating:

    • that the person is a relative or close friend of the patient and

    • specific facts and circumstances that demonstrate regular contact sufficient to be familiar with patient's activities, health, and personal beliefs

Decisions surrogate can make

You can read an explanation of Maryland's Health Care Decisions Act online or download an Acrobat PDF file of the explanation from the Maryland Department of aging.  It includes a sample statement that a friend or relative can give to the patient's doctor if they are not on the list of surrogates in the Law.

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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