What is a Maryland Medical Power of Attorney?
A Maryland Medical Power of Attorney is a legal document that allows an individual (the principal) to designate another person (the agent) to make medical decisions on their behalf if they become unable to do so. This ensures that the principal's healthcare preferences are respected and followed during times of incapacity.
Who can be appointed as an agent in a Maryland Medical Power of Attorney?
In Maryland, any competent adult can be appointed as an agent. This can include family members, friends, or trusted advisors. It is essential to choose someone who understands your healthcare wishes and is willing to advocate for you.
What decisions can the agent make?
The agent can make a variety of medical decisions, including:
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Choosing healthcare providers
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Consenting to or refusing medical treatments
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Deciding on surgical procedures
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Accessing medical records
However, the agent's authority is limited to medical decisions and does not extend to financial or legal matters unless specified otherwise.
How is the Maryland Medical Power of Attorney created?
To create a Maryland Medical Power of Attorney, the principal must complete the form, which can be obtained from various sources, including healthcare providers or legal websites. The form must be signed by the principal in the presence of two witnesses or a notary public to be valid.
Can I revoke my Medical Power of Attorney?
Yes, the principal has the right to revoke the Medical Power of Attorney at any time, as long as they are competent. Revocation can be done by notifying the agent and any healthcare providers in writing. It is advisable to complete a formal revocation document to ensure clarity.
What happens if I do not have a Medical Power of Attorney?
If an individual becomes incapacitated without a Medical Power of Attorney, medical decisions may be made by family members or guardians, which can lead to disagreements or decisions that do not align with the individual's wishes. Having a Medical Power of Attorney can prevent such situations.
Are there any specific requirements for witnesses?
Yes, Maryland requires that the witnesses be at least 18 years old and not related to the principal by blood, marriage, or adoption. Additionally, witnesses should not be entitled to any part of the principal's estate to avoid conflicts of interest.
Is it necessary to have an attorney to complete the Medical Power of Attorney?
No, it is not necessary to have an attorney to complete a Maryland Medical Power of Attorney. However, consulting with an attorney can provide additional guidance, especially for individuals with complex medical or family situations.
How does the Medical Power of Attorney interact with other advance directives?
The Medical Power of Attorney works alongside other advance directives, such as a living will. While the Medical Power of Attorney designates an agent to make decisions, a living will outlines specific wishes regarding medical treatment. Together, they create a comprehensive approach to healthcare planning.