What is a living will?

A living Will is a legal document in which a person can declare his or her wishes should he or she become incapacitated and unable to make decisions regarding his or her health and welfare. The will is written while the individual is of sound mind and body, and states the individual’s preferences about the types of medical treatments, such as life support, that they do or do not want to receive in the event that they become unable to make decisions. Living Wills are an important part of estate planning, and are recognized and accepted by the courts in the state of Maryland. Living Wills can be general in nature, in which case the document is simply a statement of an individuals’ preferences about life-prolonging and end-of-life medical treatments. Alternatively, the Will can be very specific, and set out all the different decisions and treatments that the individual wishes to have in place should the need arise. It is important that the document is very clear in its intentions, in order to avoid any confusion or misinterpretation of the individual’s wishes. In Maryland, a Living Will must be signed by two witnesses, at least one of whom must be unrelated to the individual. The document should be kept in a safe and secure place, and copies should be made available to the individual’s family, healthcare provider, and lawyer. Additionally, copies should also be made available to the individual’s appointed healthcare representative. If the individual moves to a different state, they may need to create a new Living Will that complies with the laws of the new state.

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