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Medical Power of Attorney · Maryland

Free Maryland Medical Power of Attorney Forms

Create a Maryland-compliant healthcare power of attorney to appoint a trusted healthcare agent. Includes HIPAA authorization, end-of-life preferences, and all provisions required under Md. Code, Health-Gen. § 5-602.

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Last updated March 7, 2026

Maryland Healthcare Power of Attorney Overview

In Maryland, a healthcare power of attorney is governed by Md. Code, Health-Gen. § 5-602. This legal document allows you to designate a healthcare agent who can make medical decisions on your behalf if you become unable to make or communicate those decisions yourself. Maryland law ensures that your healthcare agent has the authority to work with healthcare providers to carry out your wishes regarding medical treatment.

Your healthcare agent can make decisions about medical treatments, surgeries, medications, hospital stays, end-of-life care, and access to your medical records. The healthcare power of attorney typically takes effect only when a physician determines that you are unable to make decisions for yourself, though Maryland law may allow you to make it effective immediately if you prefer.

Creating a healthcare power of attorney in Maryland requires 2 witnesses and notarization is strongly recommended. While Maryland does not mandate a specific form, the document must meet all requirements under Md. Code, Health-Gen. § 5-602.

No

Statutory form required

2

Witnesses required

Recommended

Notarization

Recommended

HIPAA included

Maryland Requirements

To create a valid healthcare power of attorney in Maryland, you must meet the following requirements under Md. Code, Health-Gen. § 5-602:

Important: Maryland Execution Requirements

Maryland requires 2 witnesses for a valid healthcare power of attorney. Notarization is strongly recommended for added legal protection. Witnesses cannot include your designated healthcare agent or your treating healthcare provider.

  • Legal Age: You must be at least 18 years old and mentally competent at the time of signing
  • Witnesses: Maryland requires 2 witnesses who are not the healthcare agent or healthcare provider
  • Notarization: Recommended in Maryland
  • Agent Designation: Name a primary healthcare agent and optionally an alternate
  • HIPAA Authorization: Recommended to include separately

How to Create Your Maryland Healthcare Power of Attorney

Follow these steps to create a valid healthcare power of attorney that complies with Maryland law.

1

Choose Your Healthcare Agent

Select a trusted individual to serve as your healthcare agent in Maryland. This person should understand your healthcare values, be willing to advocate on your behalf, and be available in case of emergency. Consider naming an alternate healthcare agent as well.

2

Specify Your Healthcare Wishes

Document your preferences regarding medical treatments, end-of-life care, organ donation, DNR orders, and mental health treatment. Be as specific as possible about what treatments you do and do not want under various circumstances.

3

Include HIPAA Authorization

Add HIPAA authorization to ensure your healthcare agent can access your medical records and communicate with your healthcare providers in Maryland. Without this, providers may legally refuse to share your medical information.

4

Sign with Witnesses

Execute the document with 2 witnesses as required by Maryland law. Notarization is strongly recommended for added legal protection. Distribute copies to your healthcare agent, physicians, hospital, and family members.

Choosing Your Maryland Healthcare Agent

In Maryland, your healthcare agent will have significant authority over your medical care. Choose someone who understands your values and can make difficult decisions under pressure.

  • Trustworthy: Someone who will follow your wishes, not impose their own preferences
  • Accessible: Someone who can be reached quickly and can travel to Maryland if needed
  • Assertive: Someone who can communicate effectively with medical professionals
  • Emotionally capable: Someone who can handle the stress of making life-or-death decisions

Sample Maryland Healthcare Power of Attorney

Below is a preview of our Maryland-specific healthcare power of attorney template.

STATE OF MARYLAND

HEALTHCARE POWER OF ATTORNEY

Md. Code, Health-Gen. § 5-602

PRINCIPAL (You):

Name: [Your Name]
Address: [Maryland Address]

HEALTHCARE AGENT:

Name: [Agent Name]
Relationship: [Relationship]
Phone: [Phone]

Maryland Healthcare Power of Attorney FAQ

Answers to common questions about Maryland healthcare power of attorney requirements and procedures.

Official Maryland Resources

Use these official resources to verify Maryland requirements and access government forms.

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