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Life Sustaining Statute, Maryland

Free Printable Life Sustaining Statute, Maryland FormFree Printable Life Sustaining Statute, Maryland Form

Life Sustaining Statute, Maryland

A Life Sustaining Statute or a uniform living will is a legal document written by someone who is diagnosed with an illness that may be difficult to cure or has a chance to become a terminal illness. A life sustaining statute or uniform living will states the wishes of the person who is ill. It states what they would want to happen in the case that their illness does become terminal or that they pass the point of no return. This document states the types of medications he will be restricted to and from. It also states that if the person decided to prolong or shorten his or her life, that he or she did it willingly, of sound mind, has been informed of possible treatments and procedures, and understands all legal implications of his or her decisions. The document is generally written (this may vary among states) with the writer’s signature, City of residence, County of residence, State of residence, Social Security Number, the Date it was signed, and the names of the witnesses present during this event. It is then presented to a notary public for notarization and publishing. Finally, you are encouraged to keep multiple copies. Make sure that theses can be accessible with your doctor, lawyer, and family members.

A life sustaining statute is generally legal in most states and will generally be enforce and made in the presence of witnesses and a notary public. There is a general format when it come to life sustaining statutes but the details may differ depending on the state you are in. In the state of Maryland, it is a general legal form.

Life Sustaining Statute, Maryland

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Declaration as Provided by Maryland Health-General Code Section 5-602

DECLARATION

On this _________________ day of ___________, I ________ ______, being of sound mind, willfully and voluntarily direct that my dying shall not be artificially prolonged under the circumstances set forth in this declaration:

If at any time I should have an incurable injury, disease, or illness certified to be a terminal condition by two (2) physicians who have personally examined me, one (1) of whom shall be my attending physician, and the physicians have determined that my death is imminent whether or not life-sustaining procedures are utilized and where the application of such procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication, and the administration of food and water, and the performance of any medical procedure that is necessary to provide comfort care or to alleviate pain. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physician(s) as the final expression of my legal right to control my medical care or treatment. I am legally competent to make this declaration, and I understand its full import.

Signed _________________________________________________________
Address: _______________________________________________________

Under penalty of perjury, we state that this declaration was signed by ______________ in the presence of the undersigned who, at ______________’s request, in ______________’s presence, and in the presence of each other, have hereunto signed our names as witnesses this _______________ day of ___________________ 20_______. Further, each of us, individually, states that:

The Declarant is known to me, and I believe the Declarant to be of sound mind. I did not sign the Declarant’s signature to this declaration. Based upon information and belief, I am not related to the Declarant by blood or marriage, a creditor of the Declarant, entitled to any portion of the estate of the Declarant under any existing testamentary instrument of the Declarant, entitled to any financial benefit by reason of the death of the Declarant, financially or otherwise responsible for the Declarant’s medical care, nor the employee of any such person or institution.
________________________________________________
Address:

________________________________________________
Address:
Declaration as Provided by Maryland Health-General Code Section 5-602
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Maryland. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.

1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.

 

Frequently Asked Questions

What is the Maryland life sustaining statute?

The Maryland life sustaining statute is part of the Maryland Health-General Code, specifically Section 5-602, which provides for a declaration allowing individuals to direct that their dying not be artificially prolonged under certain circumstances. It sets forth the conditions under which life-sustaining procedures may be withheld or withdrawn. The statute includes a sample declaration form that individuals can use to express their wishes.

Who can make a declaration under Maryland's life sustaining statute?

Any person who is of sound mind can make a declaration under Maryland's life sustaining statute. The declaration must be made willfully and voluntarily. The statute provides a form that begins with a statement of sound mind and voluntary intent.

What conditions must be met for the declaration to take effect in Maryland?

For the declaration to take effect, two physicians must certify that the person has an incurable injury, disease, or illness that is a terminal condition. One of the physicians must be the attending physician, and both must have personally examined the person. They must also determine that death is imminent whether or not life-sustaining procedures are used, and that such procedures would only artificially prolong the dying process.

What happens if I am unable to give directions regarding life-sustaining procedures in Maryland?

If you are unable to give directions, the declaration states that it is your intention that it shall be honored by your family. The statute does not specify further details in the provided text. It is advisable to discuss your wishes with your family and healthcare provider.

What is considered a terminal condition under Maryland's life sustaining statute?

A terminal condition is defined as an incurable injury, disease, or illness certified by two physicians. The certification must be made by two physicians who have personally examined the patient, one of whom is the attending physician. They must determine that death is imminent whether or not life-sustaining procedures are utilized.

Can food and water be administered if I have a declaration under Maryland's life sustaining statute?

Yes, the declaration specifically allows for the administration of food and water. It also permits medication and any medical procedure necessary to provide comfort care or alleviate pain. The declaration directs that life-sustaining procedures be withheld or withdrawn, but these comfort measures are still provided.

How many physicians must certify a terminal condition in Maryland?

Two physicians must certify the terminal condition. One of them must be the attending physician. Both physicians must have personally examined the patient.

What is the purpose of the Maryland life sustaining statute declaration?

The purpose is to allow individuals to direct that their dying not be artificially prolonged under certain circumstances. It enables them to specify that life-sustaining procedures be withheld or withdrawn when they have a terminal condition and death is imminent. The declaration also expresses the intent that they be permitted to die naturally with comfort care.

Is the Maryland life sustaining statute declaration legally binding?

The article does not explicitly state whether the declaration is legally binding. It provides a form and indicates that it is a declaration as provided by Maryland Health-General Code Section 5-602. For legal advice, consult an attorney.

What should I do if I want to make a declaration under Maryland's life sustaining statute?

You can use the declaration form provided in the statute. It requires you to fill in the date and your name, and to state that you are of sound mind and voluntarily making the declaration. It is recommended to discuss your wishes with your family and healthcare provider.

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