HARRY HUGHES, Governor                                     2947

(A)  ANY INDIVIDUAL QUALIFIED TO MAKE A WILL UNDER § 4-101
OF THE ESTATES AND TRUSTS ARTICLE MAY EXECUTE A DECLARATION, AS
PROVIDED IN PARAGRAPH (B) OF THIS SECTION, DIRECTING THE
WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING PROCEDURES UNDER
THIS SUBTITLE. THE DECLARATION SHALL BE:

(1)  VOLUNTARY;

(2)  DATED AND IN WRITING;

(3)  SIGNED BY THE DECLARANT OR, IF AT THE DECLARANT'S
EXPRESSED DIRECTION AND IN THE DECLARANT'S PRESENCE, BY ANOTHER
INDIVIDUAL ON BEHALF OF THE DECLARANT;

(4)  EXECUTED IN THE PRESENCE OF AND ATTESTED BY AT
LEAST 2 WITNESSES EACH OF WHOM, AT THE TIME OF EXECUTION, IS AT
LEAST 18 YEARS OLD AND IS NOT:

(I)  AN INDIVIDUAL WHO SIGNED THE DECLARATION AT
THE DIRECTION AND ON BEHALF OF THE DECLARANT UNDER PARAGRAPH (3)
OF THIS SUBSECTION;

(II)  RELATED TO THE DECLARANT BY BLOOD OR
MARRIAGE WITHIN A DEGREE LISTED UNDER § 2-202 OF THE FAMILY LAW
ARTICLE;

(III)  EITHER A CREDITOR OF THE DECLARANT OR
KNOWINGLY ENTITLED TO ANY PORTION OF THE ESTATE OF THE DECLARANT
UNDER ANY EXISTING TESTAMENTARY INSTRUMENT OF THE DECLARANT OR
KNOWINGLY ENTITLED TO ANY OTHER FINANCIAL INTEREST DERIVING FROM
THE DECLARANT; OR

(IV)  FINANCIALLY OR OTHERWISE RESPONSIBLE FOR
THE DECLARANT'S MEDICAL CARE OR AN EMPLOYEE OF ANY SUCH PERSON.

(B) (1) A DECLARANT IS RESPONSIBLE FOR NOTIFYING THE
ATTENDING PHYSICIAN OF THE EXISTENCE OF THE DECLARATION EITHER
DIRECTLY OR THROUGH ANOTHER INDIVIDUAL.

(2) NOTICE MAY BE GIVEN BY DELIVERY OF THE
DECLARATION OR A COPY OF THE DECLARATION TO THE ATTENDING
PHYSICIAN.

(3) THE ATTENDING PHYSICIAN SHALL MAKE THE
DECLARATION OR OTHER WRITTEN DOCUMENTS CONTAINING A DECLARATION
IN CONFORMANCE WITH THE PROVISIONS OF PARAGRAPH (C)(1) OF THIS
SECTION A PART OF THE DECLARANT'S MEDICAL RECORDS.

(B) (C) (1) THE DECLARATION SHALL BE SUBSTANTIALLY IN THE
FOLLOWING FORM:

"DECLARATION