 |
 |
 |
 |
 |
 |
 |
|
 |
|
 |
|
 |
Advance Directives
WRITTEN ADVANCE DIRECTIVESMAKING HEALTH CARE DECISIONS UNDER MARYLAND LAWYour Right To DecideTragically, 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. You should consider whether you want to take steps now to control these decisions, so that they will reflect your own wishes. This is a very personal decision, one that only you can make. A Maryland law called the Health Care Decisions Act says that you have the right to make health care decisions in advance, through instructions called "advance directives". An advance directive can be used to name a health care agent - that is, someone to make health care decisions for you. An advance directive can also be used to say what your treatment preferences are, especially about procedures that might be used to sustain your life. Two forms are included with this pamphlet. The shorter one is titled "Living Will". The longer one is titled "Advance Directive", and it has two parts, Part A and Part B. This pamphlet will explain how to use them. These forms are intended to be guides. You may complete all of a form, or only the parts you want to use. Different forms, written the way you want, may also be used. You need two witnesses to your signature on these forms. Any competent individual can be a witness, including a doctor or an employee of a health care facility. If you name a health care agent, that person may not be a witness. Also, at least one of your witnesses may not be a person who may financially benefit by reason of your death. You do not need to have any form notarized. These optional forms are meant to be clear enough so that you do not need a lawyer's help in completing them. But if there is anything that you do not understand, you might want to consult with a lawyer. You can also ask your doctor to explain the medical issues. You should tell your doctor that you made an advance directive and give your doctor a copy. Once you make an advance directive, it remains in effect unless you revoke it. It does not expire. You should review what you've done once in a while, so that your advance directive always reflects what you want. You are free to change or revoke an advance directive at any time. Tell your doctor and anyone else who has a copy of your advance directive if you change it or revoke it. If you have a living will or a durable power of attorney for health car prepared before October 1, 1993, that document is still valid. You might want to review it to see if you prefer a new advance directive. Health Care Agents You can name anyone you want (except, in general, someone who works for a health care facility where you are receiving care) to be your health care agent. To name a health care agent, use Part A of the advance directive form. Your agent will speak for you and make sure that your wishes are carried out. You can give your agent just as much power as you have now to make health care decisions, including decisions about life-sustaining procedures generally, or you can limit your agent in any way that you want. You can also decide when you want your agent to have this power - right away, or only after two doctors agree that you are not able to decide for yourself. You can name a family member as a health care agent, but you don't have to. Remember, your agent will have the power to make important treatment decisions, even if other people close to you might urge a different. decision. Choose your health care agent carefully. Make sure that the person you name understands what you want and don't want. The forms included with this pamphlet do not give anyone power to handle your financial affairs. Health Care Decisions Whether or not you name a health care agent, you also have the right to use an advance directive to state decisions about treatment issues that might come up. If you do name a health care agent, the agent will carry out whatever decisions you make. If you do not name an agent, your decisions can still be honored by your health care providers. If you want, you can make a limited kind of advance directive called a living will. A living will allows you to make decisions about life-sustaining procedures in the event that your death from a terminal condition is imminent despite the application of life-sustaining procedures or you are in a condition of permanent unconsciousness called a persistent vegetative state. You also have the right to give broader health care instructions by using Part B of the longer form. If you use Part B of the advance directive, you can make decisions about life-sustaining procedures in the event of terminal condition, persistent vegetative state, or end-stage condition. An end-stage condition is an advanced, progressive, and incurable condition resulting in complete physical dependency, like advanced Alzheimer's disease. You can also use Part B of the advance directive to make health care decisions in addition to those dealing with life-sustaining procedures. If you decide to make decisions about life-sustaining procedures in Part B of the advance directive, you do not need to fill out the living will form too. Both the living will form and the broader advance directive form ask you to decide whether you want artificially supplied nutrition and hydration if you are unable to take food and water by mouth. Also, women who fill out either form can say whether pregnancy is to have any effect on their treatment decisions. Did You Remember To:
Office of the Attorney General
Baltimore area: 410-576-6300 For additional copies of this pamphlet, please contact:
Library and Information Services Division
Baltimore/Annapolis area: 410-841-3810 or 3886 |