None of us knows when we might be too ill to speak for ourselves. An advance directive makes sure your wishes are known and gives the people you love clear guidance. Here is how advance directives work in Maryland and how to get started.
Quick takeaways
- An advance directive puts your health care wishes in writing and names someone to speak for you if you cannot.
- In Maryland, it can include a health care agent (power of attorney for health care) and treatment wishes, often called a living will.
- Maryland offers free advance directive forms, and an attorney is not required.
- MOLST is a separate medical order form that a clinician completes with you.
What is an advance directive?
An advance directive is a written document that explains your health care wishes and can name someone to make decisions for you if you cannot. It only takes effect when you are unable to make or communicate decisions yourself.
The two main parts
Choosing a health care agent
Also called a health care power of attorney, this is where you name a trusted person, your health care agent, to make medical decisions for you if needed. You can also name a backup. Choose someone who knows you well, will respect your wishes and can stay calm in difficult moments.
Your treatment wishes (living will)
This part describes the care you would or would not want in certain situations, such as being in an advanced stage of a serious illness or near the end of life. You can include wishes about treatments like CPR, breathing machines and feeding tubes, as well as comfort care.
An advance directive is a gift to your family. It replaces guessing with clarity.
How to complete one in Maryland
- Get a form. Maryland offers free advance directive forms, including through the Office of the Attorney General.
- Think and talk. Reflect on what matters most to you and talk with your loved ones and doctor.
- Fill it out and sign it in front of two witnesses. Your health care agent should not serve as a witness, and the form explains any other witness rules.
- Share copies with your health care agent, family, doctors and any care facility.
A lawyer is not required, though some people choose to work with an elder law attorney when planning other legal and financial documents.
What is MOLST?
MOLST, or Medical Orders for Life-Sustaining Treatment, is Maryland’s medical order form. It is completed by a physician, nurse practitioner or physician assistant together with the patient, and it turns treatment wishes into orders that other providers follow. If you have searched for a POLST form in Maryland, MOLST is the Maryland version. An advance directive and MOLST work best together.
When to create or update your advance directive
- Now, while you are healthy, is the best time.
- After a new diagnosis, such as dementia or heart failure
- Before a major surgery or hospital stay
- After a major life change, such as the loss of a spouse
You can change or cancel your advance directive at any time while you are able to make decisions.
Related reading
If a loved one has been diagnosed with dementia, planning early matters. See the stages of dementia. For care focused on comfort, read palliative care vs. hospice. Local organizations that can help are listed in our guide to Baltimore senior and caregiver resources.
Frequently asked questions
What is an advance directive?
An advance directive is a written document that explains the medical care you would or would not want if you cannot speak for yourself, and can name a person to make health care decisions for you.
What is the difference between a living will and an advance directive?
A living will is the part of an advance directive that states your treatment wishes. An advance directive can include a living will, a health care agent appointment or both.
What is a health care power of attorney?
It is the part of an advance directive where you name a health care agent, a trusted person who can make medical decisions for you if you cannot make them yourself.
Do I need a lawyer to make an advance directive in Maryland?
No. Maryland provides free advance directive forms, and many people complete them without a lawyer. Some choose to work with an elder law attorney, especially when planning other legal documents.
What is MOLST in Maryland?
MOLST stands for Medical Orders for Life-Sustaining Treatment. It is a medical order form, completed by a physician, nurse practitioner or physician assistant with the patient, that turns treatment wishes into orders other providers follow. Maryland uses MOLST rather than POLST.
This article is general information, not medical, legal or financial advice. Coverage rules can change, so confirm details with Medicare, your plan or your care team.
