What is an Advance Directive?

Advance directives are the kind of document that most people who are putting together an estate plan like to avoid. We get it; this can be one of the most challenging documents to create because it can dictate life-or-death decisions for you and your loved one. But this is the kind of document that you think you’ll never need until you do, and by then, it might be too late.

Learn why you should consider including an advance directive in your estate plan and how taking the time to think about these difficult topics now can help you and your family be more prepared to handle unexpected illnesses or injuries.

Ready to take charge of your future healthcare and create your advance directive? We can help. Call us at 301-456-0982 or fill out this form for a FREE consultation with our expert Maryland estate attorney who takes time to understand your unique circumstance and craft a set of documents tailored to your family’s needs and wishes.   

What is an Advance Directive?

An advance directive is a legal document allowing individuals to specify their healthcare preferences and appoint a healthcare agent to make medical decisions if they cannot do so themselves. It guides healthcare providers and family members regarding the individual's medical treatment preferences, particularly in critical situations.

Who Needs an Advance Directive?

Anyone can benefit from an advance directive regardless of age or medical condition. The function of an advance directive is to give your doctors and family information on your wishes and beliefs around certain kinds of life-saving care if you are unable to make medical decisions for yourself.

Beyond this, people who are 65 or older or living with a chronic or terminal illness will significantly benefit from having an advance directive in their estate plan as they are more likely to encounter serious complications in their care.

Why are Advance Directives Important?

Advance directives provide individuals and their families with significant benefits, including:

1.      Ensuring Personal Autonomy: They enable individuals to maintain control over their healthcare decisions, even if they cannot communicate their wishes due to illness or incapacity.

2.      Relieving Emotional Burdens on Loved Ones: By clearly outlining their preferences, individuals can relieve family members of the burden of making difficult medical decisions during stressful times.

3.      Promoting Consistency in Care: Advance directives help ensure that medical treatment aligns with the individual's values and beliefs, promoting consistency and dignity in care.

Documents Needed for Advance Directives

1.      Living Will: A living will outlines the specific medical treatments an individual wishes to receive or refuse in certain situations, such as life-sustaining measures or end-of-life care preferences.

2.      Healthcare Power of Attorney: Also known as a healthcare proxy or medical power of attorney, this document appoints a trusted individual to make healthcare decisions on the individual's behalf if they cannot do so.

How to Create an Advance Directive in Maryland

1.      Understand State Laws: Familiarize yourself with Maryland's laws regarding advance directives, including any specific requirements or forms.

2.      Consider Your Preferences: Consider your healthcare preferences and values, considering various scenarios and treatment options.

3.      Choose Your Agent: Select a trustworthy individual to act as your healthcare agent. You’ll want to consider their ability to make quick decisions per your wishes in an emergency.

4.      Draft Your Document: Complete the necessary advance directive forms, ensuring they comply with Maryland's legal requirements. We highly advise working with an estate attorney to ensure accuracy and completeness.

5.      Execute and Distribute: Sign your advance directive in the presence of a witness and notary public. Provide copies to your healthcare providers, family members, and anyone else involved in your medical care.

6.      Regular Review and Updates: Review your advance directive periodically and update it as needed to reflect any changes in your preferences or circumstances.

Conclusion

An advance directive is a powerful tool for asserting control over your healthcare decisions and ensuring your wishes are honored in critical situations. By understanding what an advance directive entails, its importance, and how to create one tailored to Maryland's legal requirements, you can take proactive steps to protect your healthcare autonomy and promote consistency in your medical care.

At The Law Office of Dawn Trainor-Fogleman, we take the time to listen and understand everything you might be facing so we can provide the best support possible. Call us today at 301-456-0982 for a FREE consultation so you can put the paperwork behind you and step into the future with confidence.