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Trust and Estates Attorneys

Maryland Durable Power of Attorney

A Maryland durable power of attorney for medical treatment is typically a document that describes how an individual would like the administration of certain medical procedures or things such as life support, nutrition, and hydration in different stages or in different events.

Contacting an experienced power of attorney lawyer can be vital to appointing a durable power of attorney in Maryland. An attorney may assist you in appointing an agent to make medical decisions on an individual’s behalf and waive the HIPAA regulations so that agent can access their medical records.

Advanced Medical Directives

Advanced medical directives or medical powers of attorneys can address a person’s wishes for the administration of life support, nutrition, hydration and medical procedures to alleviate pain. An advance directive is a document similar to a durable power of attorney for medical treatment in many cases; it often appoints someone to serve as a health care agent so that person can access the individual’s medical record.

It also describes specific wishes the individual would like to be administered in the event that they were in a permanent, vegetative state, an end-stage condition, or other condition. It often addresses life support, nutrition, hydration, and the administration of medicine or procedures to alleviate pain. Maryland durable power of attorney cases can sometimes have advance directives that address organ donation per the wishes of the individual.

Activating Durable Power of Attorney

Activating a Maryland durable power of attorney for medical treatment usually becomes active when signed, but is not often employed until an individual loses the ability to communicate his or her own wishes for healthcare.

A durable power of attorney for medical treatment often addresses different conditions and what an individual would want with regard medical care. For example, it often addresses what would happen if the individual is in the end stage condition of a terminal condition with no reasonable hope for recovery or in a permanent, vegetative state without reasonable hope for recovery.

If an individual has executed a proper durable power of attorney for medical treatment, the nominated healthcare agent will often look to the document to assist with making medical decisions on behalf of the individual.

Temporary vs. Permanent Incapacity

Incapacitation in regards to Maryland durable power of attorney law is a medical determination that is often decided by medical providers and care providers who have had the opportunity to evaluate an individual. Incapacitation can take many forms. It could mean that somebody was permanently incapacitated and unable to handle his or her own affairs, it could mean that somebody needs assistance with part or all of his or her decision-making, or it could be as far reaching as somebody who is in a permanent, vegetative state with no reasonable hope for recovery.

Appointing a Guardian

All individuals over age 18 can benefit from having a durable power of attorney, medical power of attorney or advanced directive. Often the presence of a medical power of attorney or an advanced directive in combination with a financial power of attorney will alleviate the necessity of having a guardian appointed in the event that the individual is incapacitated or needs assistance. When an individual needs assistance, the process for appointing a guardian for Maryland durable power of attorney can sometimes be time-consuming and the individual is frequently left without the assistance that they need because nobody can act on their behalf.