Ch. 372

1993 LAWS OF MARYLAND

(I)      IF THE ADVANCE DIRECTIVE IS WRITTEN, MAKE THE
ADVANCE DIRECTIVE OR A COPY OF THE ADVANCE DIRECTIVE A PART OF THE
DECLARANT'S MEDICAL RECORDS; OR

(II)     IF THE ADVANCE DIRECTIVE IS ORAL, MAKE THE FACT OF THE
ADVANCE DIRECTIVE, INCLUDING THE DATE THE ADVANCE DIRECTIVE WAS MADE
AND THE NAME OF THE ATTENDING PHYSICIAN, A PART OF THE DECLARANT'S
MEDICAL RECORDS.

(G) NOTICE TO AGENT. - IT SHALL BE THE RESPONSIBILITY OF THE
DECLARANT TO NOTIFY A HEALTH CARE AGENT THAT THE AGENT HAS BEEN
NAMED IN AN ADVANCE DIRECTIVE TO ACT ON THE DECLARANT'S BEHALF.

(H) STANDARDS FOR AGENT. - UNLESS OTHERWISE PROVIDED IN THE
PATIENT'S ADVANCE DIRECTIVE, A PATIENT'S AGENT SHALL ACT IN ACCORDANCE
WITH THE PROVISIONS OF § 5-606(C) OF THIS SUBTITLE.

(I) NO PRESUMPTION OF INTENT. - THE ABSENCE OF AN ADVANCE
DIRECTIVE CREATES NO PRESUMPTION AS TO THE PATIENT'S INTENT TO CONSENT
TO OR REFUSE LIFE-SUSTAINING PROCEDURES.

5-603. SUGGESTED FORMS.

               HEALTH CARE DECISION MAKING FORMS

THE FOLLOWING FORMS ALLOW YOU TO MAKE SOME DECISIONS ABOUT
FUTURE HEALTH CARE ISSUES. FORM I, CALLED A "LIVING WILL", ALLOWS YOU TO
MAKE DECISIONS ABOUT LIFE-SUSTAINING PROCEDURES IF, IN THE FUTURE, YOUR
DEATH FROM A TERMINAL CONDITION IS IMMINENT DESPITE THE APPLICATION OF
LIFE-SUSTAINING PROCEDURES OR YOU ARE IN A PERSISTENT VEGETATIVE STATE.
FORM II, CALLED AN "ADVANCE DIRECTIVE", ALLOWS YOU TO SELECT A HEALTH
CARE AGENT, GIVE HEALTH CARE INSTRUCTIONS, OR BOTH. IF YOU USE THE
ADVANCE DIRECTIVE, YOU CAN MAKE DECISIONS ABOUT LIFE-SUSTAINING
PROCEDURES IN THE EVENT OF TERMINAL CONDITION, PERSISTENT VEGETATIVE
STATE, OR END-STAGE CONDITION. YOU CAN ALSO USE THE ADVANCE DIRECTIVE
TO MAKE ANY OTHER HEALTH CARE DECISIONS.

THESE FORMS ARE INTENDED TO BE GUIDES. YOU CAN USE ONE FORM OR
BOTH, AND YOU MAY COMPLETE ALL OR ONLY PART OF THE FORMS THAT YOU USE.
DIFFERENT FORMS MAY ALSO BE USED.

PLEASE NOTE: IF YOU DECIDE TO SELECT A HEALTH CARE AGENT THAT
PERSON MAY NOT BE A WITNESS TO YOUR ADVANCE DIRECTIVE. ALSO, AT LEAST
ONE OF YOUR WITNESSES MAY NOT BE A PERSON WHO MAY FINANCIALLY BENEFIT
BY REASON OF YOUR DEATH.

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