Ch. 372

1993 LAWS OF MARYLAND

(1) MADE TO:

(I) THE ATTENDING PHYSICIAN OF THE INDIVIDUAL; OR
(II) TWO OTHER HEALTH CARE PRACTITIONERS; AND

(2) CERTIFIED.

20A-404. PRESUMPTION OF VALIDITY.

IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, A HEALTH CARE DECISION
MAKING DOCUMENT WHICH, ON ITS FACE, SATISFIES THE REQUIREMENTS OF THIS
SUBTITLE IS PRESUMED TO BE VALID.

PART II LIVING WILLS

20A-405. "QUALIFIED PATIENT" DEFINED.

IN THIS SUBTITLE, "QUALIFIED PATIENT" MEANS A DECLARANT WHO IS IN:

(1) A TERMINAL CONDITION; OR

            (2) A PERSISTENT VEGETATIVE STATE.

[5-602.] 20A-406. LIVING WILL; IN GENERAL.

[(a) Any individual qualified to make a will under § 4-101 of the Estates and
Trusts Article may execute a declaration, as provided in subsection (c) 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 financial benefit by reason of the death of the
declarant; or

(iv) Financially or otherwise responsible for the declarant's medical
care or an employee of any such person or institution.                        

- 2022 -