Maryland Living Will Requirements
Based on Maryland Code, Health-General §5-601 et seq. (Health Care Decisions Act)
Quick Summary
- Document type: Advance Directive
- 2 witnesses required
- Notarization not required
Witness Requirements
Maryland requires 2 witnesses who are present when you sign your advance directive. Witnesses have the following restrictions:
Witness restrictions:
- The health care agent of the declarant may not serve as a witness
- At least one of the witnesses must be an individual who is not knowingly entitled to any portion of the estate of the declarant
- At least one of the witnesses must be an individual who is not knowingly entitled to any financial benefit by reason of the death of the declarant
- Witnesses must be in the physical presence or electronic presence of the declarant at the time of signing
When Your Living Will Takes Effect
Your Maryland living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable condition caused by injury, disease, or illness which, to a reasonable degree of medical certainty, makes death imminent and from which, despite the application of life-sustaining procedures, there can be no recovery.
Persistent Vegetative State
An end-stage condition is an advanced, progressive, irreversible condition caused by injury, disease, or illness that has caused severe and permanent deterioration indicated by incompetency and complete physical dependency, and for which treatment of the irreversible condition would be medically ineffective.
Irreversible Condition
An irreversible condition encompasses any condition where the application of life-sustaining procedures would serve only to artificially postpone the moment of death, as determined to a reasonable degree of medical certainty.
Important Notes for Maryland
- Maryland follows the Health Care Decisions Act (Health-General §5-601 et seq.)
- A written advance directive must be dated, signed by or at the express direction of the declarant, and subscribed by two witnesses
- Any competent individual may serve as a witness, including an employee of a health care facility, nurse practitioner, physician assistant, or physician caring for the declarant
- Maryland permits electronic advance directives through the State-designated health information exchange
- An unwitnessed electronic advance directive in the form of a video record may be accepted by the health information exchange under certain conditions
- The declarant is responsible for notifying the attending physician of the existence of the advance directive
- A declaration may be revoked at any time by the declarant regardless of physical or mental condition
- Maryland provides an official advance directive form through the Office of the Attorney General
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.