WILLIAM DONALD SCHAEFER, Governor                            Ch. 372

SUBTITLE 4. HEALTH CARE DECISION MAKING DOCUMENTS
PART I. GENERAL PROVISIONS
20A-401. "HEALTH CARE DECISION MAKING DOCUMENT" DEFINED.

IN THIS SUBTITLE, "HEALTH CARE DECISION MAKING DOCUMENT" MEANS:
(1) A LIVING WILL; OR

(2) A POWER OF ATTORNEY FOR HEALTH CARE DECISIONS.
20A-402. EXECUTION OF HEALTH CARE DECISION MAKING DOCUMENTS

(A)     A COMPETENT INDIVIDUAL WHO IS AT LEAST 18 YEARS OLD OR WHO HAS
THE SAME CAPACITY AS AN ADULT TO CONSENT TO MEDICAL TREATMENT MAY
EXECUTE A HEALTH CARE DECISION MAKING DOCUMENT.

(B)     A HEALTH CARE DECISION MAKING DOCUMENT SHALL BE:

(1) DATED AND SIGNED BY THE INDIVIDUAL; OR

(2) IF THE INDIVIDUAL IS UNABLE TO DATE AND SIGN THE HEALTH
CARE DECISION MAKING DOCUMENT, DATED AND SIGNED BY ANOTHER
INDIVIDUAL:

(I) AT THE EXPRESS DIRECTION OF THE INDIVIDUAL; AND

(II) IN THE PRESENCE OF THE INDIVIDUAL; AND

(3) (I) ACKNOWLEDGED AND NOTARIZED; OR

(II) SIGNED BY TWO WITNESSES EACH OF WHOM IS AT LEAST 18
YEARS OLD.

20A-403. REVOCATION OF HEALTH CARE DECISION MAKING DOCUMENTS.

(A)     AN INDIVIDUAL WHO HAS EXECUTED A HEALTH CARE DECISION MAKING
DOCUMENT MAY REVOKE THE DECISION MAKING DOCUMENT AT ANY TIME BY:

(1) A WRITTEN OR ORAL STATEMENT OR OTHER FORM OF
COMMUNICATION AS PROVIDED IN SUBSECTION (B) OR (C) OF THIS SECTION;

(2) DESTROYING THE HEALTH CARE DECISION MAKING DOCUMENT;

(3) MARKING, BURNING, TEARING, OR OTHERWISE ALTERING,
DEFACING, OR DAMAGING THE HEALTH CARE DECISION MAKING DOCUMENT IN A
MANNER INDICATING THE INTENTION TO REVOKE IT; OR

(4) EXECUTING A LATER HEALTH CARE DECISION MAKING DOCUMENT.

(B)     A WRITTEN STATEMENT REVOKING A HEALTH CARE DECISION MAKING
DOCUMENT IS EFFECTIVE IF IT IS SIGNED BY THE DECLARANT.

(C) A FORM OF COMMUNICATION OTHER THAN A WRITTEN STATEMENT
REVOKING A HEALTH CARE DECISION MAKING DOCUMENT IS EFFECTIVE IF IT IS:

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