Free Maryland Medical Power of Attorney Form

In Maryland, you appoint a health care agent through a written or electronic advance directive under Health-General § 5-602. The Maryland People’s Law Library notes the agent can also be named in a separate health care power of attorney.

Section 5-602 of the Health-General Article covers how you sign.

Date, Sign, and Add Two Witnesses

The directive must be dated and signed by you or at your express direction. Two witnesses then subscribe their names.

Your Agent Cannot Witness

The person you name as your health care agent may not witness your Maryland medical power of attorney.

One Witness Must Not Benefit

At least one witness must not knowingly be entitled to any part of your estate. That witness also cannot knowingly stand to gain financially from your death.

Facility Owners and Staff as Agents

Maryland also limits when an owner, operator, or employee of a health care facility treating you can serve as your agent. Check this rule before naming someone who works where you receive care.

Yes, Maryland lets them. Any competent person may witness, including a health care facility employee, nurse practitioner, physician assistant, or physician caring for you, if acting in good faith.

That is handy if you sign in a hospital. The People’s Law Library also notes that witnesses can sign in your physical or electronic presence, and that electronic advance directives are enforceable.

Finish your Maryland medical power of attorney form with these steps:

1. Name your health care agent and a backup.
2. Write any instructions about treatment you want or refuse.
3. Date the document and sign it, or have someone sign at your express direction.
4. Have two witnesses sign, making sure your agent is not one of them.
5. Confirm at least one witness gains nothing from your estate or death.
6. Tell your agent and share copies with your doctors.

The Maryland Attorney General’s Office publishes a guide and fillable advance directive form. You can use it or another document that meets § 5-602. Most people cover:

• Their health care agent and alternates
• Instructions about life-sustaining treatment
• Any limits on the agent’s authority

Maryland also recognizes an oral advance directive, including one that appoints an agent. It must be made to your attending physician with one witness present and recorded in your medical record, dated and signed by both. A written Maryland medical power of attorney is easier to share with every provider who treats you.