According to Maryland law, the purpose of Durable Power of Attorney for Health Care is to give the person you designate broad powers to make health care decisions for you
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POA gives power to require, consent to, or withdraw any type of personal care or medical treatment for any physical or mental condition and to admit you to or discharge you from any hospital, home, or other institution |
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Maryland Health Care Decisions Act allows an adult (or an emancipated minor) who has decision-making capacity to deal with future health care issues by creating a written appointment of an agent to make health care decisions for the patient, sometimes called a proxy directive or durable power of attorney for health care.
The Durable Power of Attorney for Health Care is an important legal document. It gives the health care agent authority to make any and all decisions the patient would make, if able. This includes:
A health care agent may be a family member or someone else. The agent has a duty to act in the best interest of Principal. The agent should advocate for the patient. An owner, operator, or employee of a health care facility from which the declarant is receiving health care may NOT serve as a health care agent unless the person would qualify as a surrogate decision maker. You may name co-agents and successor agents under this form, but you may not name a health care provider who may be directly or indirectly involved in rendering health care to you under this power. Unless you expressly limit the duration of this power in the manner provided below or until you revoke this power or court acting on your behalf terminates it, your agent may exercise the powers given in this power throughout your lifetime, even after you become disabled, incapacitated, or incompetent. You may also use Maryland Durable Power of Attorney for Health Care to authorize your attorney in fact to make an anatomical gift upon your death. This Health Care Power of Attorney must be dated, signed by or at the express direction of the declarant, and subscribed by two witnesses. Any competent individual may serve as a witness to an advance directive, including an employee of a health care facility or physician caring for the declarant if acting in good faith. The health care agent of the declarant may not serve as a witness. At least one of the witnesses must be an individual who is not knowingly entitled to any portion of the estate of the declarant or knowingly entitled to any financial benefit by reason of the death of the declarant. A declarant has the responsibility to notify the attending physician that health care power of attorney (advance directive) has been made. In the event the declarant becomes comatose, incompetent, or otherwise incapable of communication, any other person may inform the physician of the existence of an advance directive. An attending physician who is notified of the existence of the health care power of attorney (advance directive) must make the advance directive or a copy of the advance directive a part of the declarant's medical records; or A declarant has the responsibility to notify a health care agent that the agent has been named in an advance directive to act on the declarant's behalf. Do not sign Maryland Durable Power of Attorney for Health Care unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members. |
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