Advance Directives in Maryland
No one expects to face a serious illness, accident, or medical emergency. However, if you become unable to communicate your wishes, important health care decisions may need to be made on your behalf.
An advance directive allows you to document your medical preferences and designate a trusted person to make health care decisions for you if you are unable to do so yourself. Maryland encourages all adults to consider completing an advance directive, regardless of age or current health status.
Attorney Neveen Kurtom assists Maryland individuals and families with advance directives and related estate planning documents to help ensure that their wishes are clearly documented and legally recognized.
What Is an Advance Directive?
An advance directive is a legal document that allows you to:
Express your wishes regarding future medical treatment
Appoint a health care agent to make decisions on your behalf
Provide guidance to family members and medical providers
Reduce uncertainty during medical emergencies
Ensure that your preferences are known if you cannot communicate them yourself
In Maryland, an advance directive may include both health care instructions and the appointment of a health care agent. Maryland law also recognizes written and certain electronic advance directives.
Why Every Adult Should Have an Advance Directive
Many people assume advance directives are only necessary for elderly individuals or those with serious medical conditions. In reality, an advance directive can be valuable for any adult.
Unexpected events can occur at any age, including:
Serious illness
Automobile accidents
Medical emergencies
Temporary incapacity
Surgical complications
Without clear instructions, loved ones may be forced to make difficult decisions without knowing your wishes.
What Is a Health Care Agent?
A health care agent is the person you appoint to make medical decisions on your behalf if you are unable to make or communicate those decisions yourself.
Your health care agent may be asked to:
Communicate with physicians
Review treatment options
Consent to or decline medical procedures
Access medical information
Make decisions consistent with your wishes
Choosing the right person is one of the most important aspects of creating an advance directive. The person selected should be someone you trust to follow your instructions and advocate for your preferences.
What Medical Decisions Can Be Addressed?
An advance directive can provide guidance regarding many types of medical decisions.
Examples may include:
Life-sustaining treatment
Artificial nutrition and hydration
Resuscitation preferences
Pain management and comfort care
Organ donation
End-of-life care preferences
Each person's wishes are unique. The goal of an advance directive is to provide clarity and guidance during difficult situations.
What Happens If You Do Not Have an Advance Directive?
Without an advance directive, family members and medical providers may be required to make decisions without clear guidance regarding your wishes.
In some situations, disagreements can arise among family members concerning:
Medical treatment
End-of-life decisions
Health care providers
Long-term care arrangements
Creating an advance directive can help reduce uncertainty and provide direction when important decisions must be made quickly.
Advance Directives and Blended Families
Advance directives are particularly important for individuals with:
Second marriages
Blended families
Adult children from prior relationships
Long-term partners
Significant health concerns
Without proper documentation, confusion can arise regarding who should be involved in medical decision-making. A carefully prepared advance directive can help avoid misunderstandings and ensure that the appropriate individual is authorized to act on your behalf.
Advance Directives After Divorce
Many people update beneficiary designations and wills after a divorce but forget to review their health care documents.
Following a divorce, it is often advisable to review:
Advance directives
Health care agent designations
Powers of attorney
Estate planning documents
Failing to update these documents may result in an ex-spouse remaining in a decision-making role that no longer reflects your wishes.
How Is an Advance Directive Different From a Financial Power of Attorney?
An advance directive addresses medical and health care decisions.
A financial power of attorney addresses financial matters such as:
Banking
Real estate transactions
Bill payment
Financial management
Many individuals choose to create both documents as part of a comprehensive estate plan.
Together, these documents help ensure that both health care and financial matters can be managed if incapacity occurs.
Can an Advance Directive Be Changed?
Yes.
As long as you have the legal capacity to do so, you may generally update, amend, or revoke your advance directive.
Common reasons for updating an advance directive include:
Marriage
Divorce
Birth of a child
Death of a designated agent
Changes in health
Changes in personal preferences
Regular review helps ensure that the document continues to reflect your wishes.
Common Questions About Advance Directives
Do I Need an Advance Directive If I Am Healthy?
Yes. Medical emergencies can occur unexpectedly, and advance planning allows your wishes to be known before a crisis occurs.
Does My Spouse Automatically Make Medical Decisions for Me?
Not always. While spouses often play a significant role in health care decisions, an advance directive provides clear legal guidance regarding who should act on your behalf.
Can I Name More Than One Health Care Agent?
Yes. Many individuals designate a primary agent and one or more successor agents in case the primary agent is unavailable.
Is an Advance Directive Only for End-of-Life Decisions?
No. Advance directives can apply whenever an individual is unable to make or communicate medical decisions, whether the incapacity is temporary or permanent.
How Often Should I Review My Advance Directive?
Most individuals should review their documents every few years and after any major life event, including marriage, divorce, or significant health changes.
Why Clients Work With Neveen Kurtom
Estate planning is often overlooked until a major life event occurs. Marriage, divorce, parenthood, blended family dynamics, and health concerns frequently prompt individuals to review their legal documents and future planning.
Attorney Neveen Kurtom assists clients in creating advance directives that clearly communicate their wishes and provide guidance to loved ones during difficult circumstances.
The goal is simple: to provide peace of mind, protect personal autonomy, and ensure that important health care decisions are made according to your wishes.
Schedule a Consultation
Whether you are creating your first advance directive, updating documents after a divorce, or reviewing your estate planning documents as part of a broader family law matter, proactive planning can provide valuable protection for you and your loved ones.
Contact the Law Office of Neveen Kurtom to discuss your advance directive and estate planning needs.