Emergencies can strike without warning. When a person becomes too ill or injured to communicate or make decisions, having a power of attorney in place ensures someone trusted can step in to help. In Maryland, there are two separate power of attorney documents: one for health care decisions and one for financial matters. The health care version is formally known as an advance directive.
Whether you’re planning ahead for aging, preparing for a medical procedure, or simply taking a proactive step to protect your future, understanding how advance directives and emergency medical power of attorney work is crucial.
What Is a Health Care Power of Attorney?
A health care power of attorney, also called a durable medical power of attorney, allows you to appoint someone—called a health care agent—to make medical decisions on your behalf if you become incapacitated. In Maryland, this authorization is created through a legal document called an advance directive.
This document outlines your preferences for care and grants your chosen agent the authority to carry out your medical wishes if you’re unable to do so.
Why You Should Prepare an Advance Directive Now
No one likes to imagine being unconscious or unable to speak due to illness or injury. But medical emergencies can happen at any age, and without an advance directive, your care could be decided by someone who doesn’t fully understand your values or desires.
It’s best to prepare your advance directive while you’re healthy, so your wishes are clearly documented and there’s no confusion during a crisis.
Choosing a Health Care Agent
Your health care agent should be someone you trust completely to carry out difficult decisions. This could be a family member, spouse, or close friend. It’s essential to:
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Talk to the person in advance to make sure they’re willing and emotionally able to take on this responsibility.
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Name an alternate agent in case your first choice is unavailable.
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Discuss your wishes with your doctor, religious advisor, and family members so everyone understands your values and intentions.
Your advance directive can specify when the agent’s authority begins—either immediately or only if you’re declared incapacitated by a physician. Your agent cannot revoke your directive or override your clearly stated decisions.
What Happens If There Is No Advance Directive?
If you become incapacitated and have not completed an advance directive, Maryland law designates who can make decisions for you in the following order:
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Court-appointed legal guardian
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Spouse or domestic partner
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Adult children
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Parents
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Adult siblings
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Other close relatives or friends
This hierarchy may not reflect your actual preferences, which is why preparing an advance directive is so important.
How to Create an Advance Directive in Maryland
You can download Maryland advance directive forms online, or obtain them through hospitals, attorneys, or health care providers. While these forms are available to the public, it’s often wise to consult with an experienced Maryland estate planning or probate attorney to ensure:
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Your wishes are clearly documented
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The form complies with state law
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All necessary components are included
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You have legal protection from future disputes
What to Include in an Advance Directive
Your advance directive can be as specific or general as you’d like. Most include instructions on:
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Resuscitation (e.g., CPR, defibrillation)
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Life support (e.g., ventilators)
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Tube feeding or IV nutrition
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Pain management or aggressive infection treatment
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Mental health services (as appropriate)
You can also include whether you’d like to be an organ donor.
Legal Validity of Advance Directives in Maryland
In Maryland, an advance directive becomes valid when it is:
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Signed and dated by you (the declarant)
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Witnessed by two adults (not including your health care agent)
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Optionally notarized (not required, but a notary can serve as one witness)
Once completed, make multiple copies:
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Give the original to your health care agent
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Provide copies to your doctor, attorney, and trusted family members
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Consider keeping an electronic copy easily accessible
Like a will, your advance directive can be changed or revoked at any time as long as you are mentally competent.
Emergency Medical Power of Attorney in Maryland
If an emergency occurs and you haven’t prepared a written advance directive, Maryland law allows you to create an emergency medical power of attorney by speaking directly to a physician in the presence of a witness. However, you must still be mentally capable of making decisions during the conversation.
This emergency option is better than nothing—but it’s far more secure to have your wishes in writing.
Peace of Mind Through Planning
Think of an advance directive as a form of insurance. You hope it’s never needed, but having one ensures your voice is heard during a medical crisis. Without this document, loved ones may face confusion or conflict when trying to decide what’s best for you.
At Blackford & Flohr, our experienced Maryland probate and estate planning attorneys can help you draft a legally sound and personalized advance directive that reflects your values, protects your rights, and provides peace of mind.
Contact Blackford & Flohr: Power of Attorney Lawyers in Maryland
If you’re ready to set up a medical or financial power of attorney in Maryland, or if you’re facing a sudden emergency and need help with legal documents fast, our team is here for you. We’ve helped hundreds of clients across Anne Arundel County, Baltimore, Prince George’s County, and beyond protect themselves and their families with comprehensive estate planning services. Contact us today.
