A Maryland (MD) medical power of attorney (MPOA) allows you to name someone else to make medical decisions for you. This person will step in to make decisions on your behalf when you cannot make these decisions for yourself because of illness or incapacitation.
This legal document is also sometimes referred to as:
- Maryland Health Care Power of Attorney
- Maryland Durable Medical Power of Attorney
Laws: The Maryland Code, General Health, Section 5-601 governs medical powers of attorney in Maryland.
If you are considering creating a medical power of attorney, you might also want to draft the following legal documents as part of your estate planning process.
- Living Will: A living will describes how you want to receive medical treatment so your agent and doctors know how to act if you become incapacitated. Living wills and medical powers of attorney are both advance directives and often appear on the same form.
- Maryland (Financial) Power of Attorney: A financial power of attorney gives another person the ability to handle your non-medical affairs like your bank accounts, real estate, and bills.
How to Fill in a Medical Power of Attorney in Maryland
Use the following steps to help you prepare your medical power of attorney according to the Maryland Health-Gen Code § 5-601:
Step 1: Choose an agent
The person you name as your agent has a very important role. They will make decisions for you according to your healthcare wishes, including end-of-life care and treatment.
Who should you choose as an agent?
It’s best to choose a trustworthy agent who’s mature and responsible enough to handle important medical wishes. Your agent should also understand your wishes relating to health care.
Under Maryland law, your agent must be competent and at least 18 years of age to make decisions for you.
Relavant Law: MD Health-Gen Code § 5-602
Who can’t be your agent?
There are some limitations on who can be an agent for you. The following people cannot be your agent:
- An owner, operator, or employee of a healthcare facility where you’re receiving care
- A spouse, parent, child, or sibling of an owner, operator, or employee of a healthcare facility where you are receiving care
- Anyone subject to an interim, temporary, or final protective order
- A spouse with whom you have a separation agreement or who you are in the process of divorcing
Relevant Law: MD Health-Gen Code § 5-602
Can you have more than one agent?
You cannot have more than one agent at a time, but you can designate “backup agents,” who will serve as your agent if the first person that you name is unable or unwilling to fulfill their responsibility as agent.
Relevant Law: MD Health-Gen Code § 5-602
Step 2: Specify what healthcare decisions your agent can make
The medical power of attorney in Maryland is deliberately broad. It will cover most medical care decisions that you would normally make yourself.
Can you limit your agent’s powers?
Yes, you can include limitations and conditions on your agent’s decision-making power in your MPOA document.
If you do not put limits on what your agent can decide for you, then they will be able to make all medical decisions on your behalf, for example:
- Whether to administer life-sustaining treatment
- Where you will receive care
- What medicines you should take
- Whether your organs will be donated after your death
In Maryland, you can also include a note to your agent about who they should consult if they are unsure of your wishes in a certain situation.
Relevant Law: MD Health-Gen Code § 5-602.1
What is your agent legally unable to do?
Your agent is legally bound to follow your specific wishes and act in your best interest. Maryland law also specifies that your agent can’t do any of the following:
- Authorize your sterilization
- Authorize your treatment for mental health
- Base a decision regarding life-sustaining treatment on your pre-existing mental or physical disability or your economic situation
Relevant Law: MD Health-Gen Code § 5-604.1 and § 5-605
When can your agent start making decisions for you?
You can choose whether your agent will start making decisions on your behalf immediately, after a certain date/event, or only if you become incapacitated.
If you’re unconscious or otherwise unable to communicate, a single doctor can determine that you’re not medically capable of making decisions and your power of attorney will become effective. However, if you can still communicate, a second doctor will need to provide an opinion to determine that your durable power of attorney should take effect due to incapacity.
Relevant Law: MD Health-Gen Code § 5-602, § 5-605, and § 5-606
Step 3: Sign the form
You can create your medical power of attorney form in writing or electronically. Regardless of which form you choose, the document must be signed.
Do you need a witness or notary signature?
Yes, your Maryland MPOA needs to be witnessed. If your form is written, you must sign in the presence of two competent witnesses.
If you complete your MPOA form electronically, you do not need a witness, but you must follow the signing requirements outlined in MD Health-Gen Code § 5-601.1.
You can also make an oral statement assigning someone as your health care agent. This statement must be made in the presence of one witness and your attending physician, physician assistant, or your nurse practitioner, who will then document it in your medical record.
Relevant Law: MD Health-Gen Code § 5-602
Who can’t be a witness?
Your designated health care agent can’t serve as a witness. Additionally, at least one of your witnesses may not be someone who will benefit financially from your death.
Relevant Law: MD Health-Gen Code § 5-602
How long is your Maryland medical power of attorney effective?
Your medical POA will be effective indefinitely until you revoke it.
Relevant Law: MD Health-Gen Code § 5-602
How to Revoke a Maryland Medical Power of Attorney
You can revoke your MPOA by:
- Signing and dating a written document that states your invention to revoke
- Destroying the health care power of attorney form
- Making an oral statement to your health care practitioner that you want to revoke
- Creating a new medical power of attorney
Relevant Law: MD Health-Gen Code § 5-604