Ch. 372

1993 LAWS OF MARYLAND

(ii) Exempt any person from liability or professional responsibility for
willful or wanton misconduct or for negligence.

[5-610.] 20A-410. PRESUMPTION OF INTENT.

The provisions of this [subtitle:

(1) Are cumulative and may not be construed to impair or supersede any
legal right or responsibility that any person may have to effect the initiation, continuation,
withholding, or withdrawal of life sustaining procedures;

(2) Do] PART DO not create a presumption concerning the intention of an
individual who is in a terminal condition OR A PERSISTENT VEGETATIVE STATE and
who has not executed a [declaration] LIVING WILL regarding the initiation,
continuation, withholding, or withdrawal of life sustaining procedures[; and

(3) May not be construed to permit any affirmative or deliberate act or
omission to end life other than to permit the withholding of withdrawing of life sustaining
procedures from a declarant in a terminal condition].

[5-611.]—20A-411. LIVING WILL FOR INITIATION OR CONTINUATION OF
LIFE SUSTAINING PROCEDURES.

[An] A COMPETENT individual who is [qualified to make a will under § 4-101 of
the Estates and Trusts Article] AT LEAST 18 YEARS OLD OR WHO, UNDER § 20-102(A)
OF THIS TITLE, HAS THE SAME CAPACITY AS AN ADULT TO CONSENT TO MEDICAL
TREATMENT, in lieu of a [declaration] LIVING WILL directing the withholding or
withdrawal of life sustaining procedures, may execute a [declaration] LIVING WILL
directing the initiation or continuation of life sustaining procedures in accordance with
standard medical practice.

[5-612.] 20A-412. DECLARATIONS; FOREIGN LIVING WILLS.

(a) [If an individual validly executes more than 1 declaration under this subtitle,
only the last executed declaration shall be given effect] A DECLARATION THAT HAS
NOT BEEN REVOKED UNDER § 20A-403 OF THIS TITLE IS VALID AND SHALL BE GIVEN
EFFECT ACCORDING TO ITS TERMS.

(b) A [declaration] DOCUMENT COMPARABLE TO A LIVING WILL that is
executed outside of this State by a nonresident shall be given effect in this State
ACCORDING TO ITS TERMS if that [declaration] DOCUMENT is [in]:

(1) IN compliance with the provisions of this subtitle; OR

(2) VALIDLY EXECUTED UNDER THE LAWS OF THE STATE IN WHICH
THE DOCUMENT WAS EXECUTED.

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