Ch. 372

1993 LAWS OF MARYLAND

5-604. REVOCATION OF AN ADVANCE DIRECTIVE.

AN ADVANCE DIRECTIVE MAY BE REVOKED AT ANY TIME BY A DECLARANT
BY A SIGNED AND DATED WRITING, BY PHYSICAL CANCELLATION OR
DESTRUCTION, BY AN ORAL STATEMENT TO A HEALTH CARE PRACTITIONER OR BY
THE EXECUTION OF A SUBSEQUENT DIRECTIVE. IT SHALL BE THE RESPONSIBILITY
OF THE DECLARANT, TO THE EXTENT REASONABLY POSSIBLE, TO NOTIFY ANY
PERSON TO WHOM THE DECLARANT HAS PROVIDED A COPY OF THE DIRECTIVE.

5-605. SURROGATE DECISION MAKING.

(A) SURROGATE AUTHORIZATION. -

(1)     IN THIS SUBSECTION, "UNAVAILABLE" MEANS:

(I) AFTER REASONABLE INQUIRY, A HEALTH CARE PROVIDER IS
UNAWARE OF THE EXISTENCE OF A SURROGATE DECISION MAKER;

           (II) AFTER REASONABLE INQUIRY, A HEALTH CARE PROVIDER
CANNOT ASCERTAIN THE WHEREABOUTS OF A SURROGATE DECISION MAKER;

(III) A SURROGATE DECISION MAKER HAS NOT RESPONDED IN A
TIMELY MANNER, TAKING INTO ACCOUNT THE HEALTH CARE NEEDS OF THE
INDIVIDUAL, TO A WRITTEN OR ORAL MESSAGE FROM A HEALTH CARE PROVIDER;

(IV)   A SURROGATE DECISION MAKER IS INCAPACITATED; OR

(V)     A SURROGATE DECISION MAKER IS UNWILLING TO MAKE
DECISIONS CONCERNING HEALTH CARE FOR THE INDIVIDUAL.

(2)     THE FOLLOWING INDIVIDUALS OR GROUPS, IN THE SPECIFIED
ORDER OF PRIORITY, MAY MAKE DECISIONS ABOUT HEALTH CARE FOR A PERSON
WHO HAS BEEN CERTIFIED TO BE INCAPABLE OF MAKING AN INFORMED DECISION
AND WHO HAS NOT APPOINTED A HEALTH CARE AGENT IN ACCORDANCE WITH THIS
SUBTITLE. INDIVIDUALS IN A PARTICULAR CLASS MAY BE CONSULTED TO MAKE A
DECISION ONLY IF ALL INDIVIDUALS IN THE NEXT HIGHER CLASS ARE
UNAVAILABLE:

(I)      A GUARDIAN FOR THE PATIENT, IF ONE HAS BEEN APPOINTED;

(II)     THE PATIENT'S SPOUSE;

(III)   AN ADULT CHILD OF THE PATIENT;

(IV)   A PARENT OF THE PATIENT;

(V)     AN ADULT BROTHER OR SISTER OF THE PATIENT; OR

(VI)   A FRIEND OR OTHER RELATIVE OF THE PATIENT WHO MEETS
THE REQUIREMENTS OF PARAGRAPH (3) OF THIS SUBSECTION.

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