Advanced Directives

An advance directive in Maryland contains two separate forms: 1) the living will and 2) the health care agent designation. The living will provides instructions for end of life decisions and a Maryland living will should address three Maryland specific conditions: 1) terminal condition; 2) persistent vegetative state; and 3) end stage condition. Maryland is very conservative in that if one does not have a living will and one’s end of life intentions are unknown, if they fall within one of the three Maryland conditions and they cannot physically bring food or water to their mouth, Maryland deems it to be in their “best interest” to be tube feed indefinitely until their body gives out. If your preference is not to be tube fed, then your intentions need to be clear. The second part of the advanced directive is the health care agent designation. This is the person that can access your medical information, hire a doctor, fire a doctor, gain access to your medical records, etc. This person acts as an agent for your benefit. Included in the agent designation must be the HIPAA release authorization. This makes it possible for your agent to receive and review private medical information about you. A properly drafted advanced directive should cover all of your unique health care needs.