Ch. 372                                     1993 LAWS OF MARYLAND

(B) THE COURT MAY MAKE A SUBSTITUTED JUDGMENT UNDER SUBSECTION
(A) OF THIS SECTION ONLY ON THE BASIS OF CLEAR AND CONVINCING EVIDENCE
THAT THE DISABLED PERSON WOULD, IF COMPETENT, DECIDE TO WITHHOLD OR
WITHDRAW A LIFE SUSTAINING PROCEDURE UNDER THE CIRCUMSTANCES.

(C) EVIDENCE OF THE INTENTIONS OR WISHES OF THE DISABLED PERSON
REGARDING THE WITHHOLDING OR WITHDRAWAL OF A LIFE SUSTAINING
PROCEDURE THAT MIGHT OTHERWISE BE INADMISSIBLE MAY BE ADMITTED, IN THE
DISCRETION OF THE COURT, IF IT IS;

(1) MATERIAL AND PROBATIVE; AND

(2) THE BEST EVIDENCE AVAILABLE.

13-713. BEST INTEREST OF A DISABLED PERSON.

(A) IF THE COURT IS UNABLE TO MAKE A SUBSTITUTED JUDGMENT UNDER §
13-712 OF THIS SUBTITLE, THE COURT MAY APPROVE A REQUEST FOR THE
WITHHOLDING OR WITHDRAWAL OF A LIFE SUSTAINING PROCEDURE FROM THE
DISABLED PERSON IF THE COURT DETERMINES, ON THE BASIS OF CLEAR AND
CONVINCING EVIDENCE, THAT THE WITHHOLDING OR WITHDRAWAL IS IN THE BEST
INTEREST OF THE DISABLED PERSON.

(B) IN DETERMINING WHETHER THE WITHHOLDING OR WITHDRAWAL IS IN
THE BEST INTEREST OF THE DISABLED PERSON UNDER THIS SECTION, THE COURT
MAY NOT CONSIDER A PREEXISTING PHYSICAL OR MENTAL DISABILITY THAT HAS
NO EFFECT ON THE MEDICAL CONDITION THAT WOULD BE THE SUBJECT OF
TREATMENT.

SECTION 3. AND BE IT FURTHER ENACTED, That the Attorney General of
Maryland, in consultation with the Office on Aging, the Health Law, Estates and Trusts,
and Delivery of Legal Services Sections of the Maryland State Bar Association, the
Medical and Chirurgical Faculty of Maryland, the Legal Aid Bureau, and other interested
persons, shall prepare and disseminate:

(1) a model form of a power of attorney for health care decisions;

(2) a plain language summary of Maryland law regarding advance medical
directives, in accordance with the federal Patient Self Determination Act; and

(3) a plain language guide to the provisions of this Act for health care providers.

SECTION 4. AND BE IT FURTHER ENACTED, That if any provision of this Act
or the application thereof to any person or circumstance is held invalid for any reason in
a court of competent jurisdiction, the invalidity does not affect other provisions or any
other application of this Act which can be given effect without the invalid provision or
application, and for this purpose the provisions of this Act arc declared severable.

SECTION 5. AND BE IT FURTHER ENACTED, That the catchlines contained in
this Act are not law and may not be considered to have been enacted as a part of this Act.

SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1993.

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