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MD.SUM
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1993-01-06
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#define.stb Definitions of legal terms
#help.tut Extra help
SUMMARY OF STATE LIVING WILL LEGISLATION
MARYLAND
Synopsis: Maryland has a strong living will statute. This statute
requires the physician to make the fact that a patient has
executed a living will a part of the patient's medical records
upon a terminal diagnosis. The living will is not be implemented
if the patient is pregnant. The Maryland law also allows for
"Living Wont's", declarations that an individual desires that
standard medical practice be used. The Maryland statute requires
that a physician either implement the living will, or make every
effort to transfer the patient. If a living will is implemented,
then the patient still must be provided with comfort care and
food and water. To prepare a living will using the State of
Maryland recommended form, please select living will preparation
from the opening menu. Remember that the publisher recommends
preparing a "uniform" living will in addition to the form
suggested with by the State of Maryland. Please also consider
executing a living will for any State that you spend more than a
few weeks per year, or where you are a temporary resident.
Statute number: Maryland Health and General Statutes 5-601
Statute title: "Maryland Life-Sustaining Procedures Act"
Governmental Agency to contact for more information: None specified
A specific form of living will is suggested by state law
Witness requirements: Number: 2 Relationship: Witnesses may
not be related by blood or marriage, may not be directly responsible
for the medical costs of the declarant, may not be a creditor
of the declarant, may not be entitled to any portion of the
estate of the declarant under will or by intestacy, and may
not be an employee of any health care institution in which the
declarant is a patient and must be over 18 years of age.
Recording of the living will is not provided for
Revocation of the living will may be made a written statement,
by destroying the living will document (burning, tearing); should
a declarant be unable to write, he must instruct another to sign
and date the revocation for him; if a patient is aware of a terminal
diagnosis, the revocation should refer to the patient's awareness
of a terminal diagnosis.