Why Do You Need a Medical Power of Attorney in Maryland?

 Posted on August 11, 2025 in Power of Attorney

A medical power of attorney is a document that allows you to designate someone to make healthcare decisions on your behalf if you become incapacitated. In Maryland, having this document ensures that a trusted person can manage your medical care according to your wishes when you are unable to communicate these yourself. A Potomac, MD estate planning attorney can guide you through the process of establishing this document.

What Does a Medical Power of Attorney Do in Maryland?

This legal tool authorizes your chosen agent to make medical decisions for you when you cannot do so yourself. Your agent can select doctors, agree to medical treatments, and make end-of-life decisions based on your preferences. The medical power of attorney is an important way to ensure that your healthcare aligns with your values, even if you are unable to express them at the time. Under Health-General Article § 5-606, the document must abide by Maryland’s specific requirements for the agent’s decisions to be legally binding.

How Does a Medical Power of Attorney Differ From a Financial Power of Attorney?

A medical power of attorney is different from other types of powers of attorney, such as a financial power of attorney, which grants authority over financial matters. It specifically focuses on your healthcare, and depending on how you draft it, can grant your agent general or limited powers related to medical care.

A financial power of attorney deals with financial matters, such as managing investments, paying bills, and handling property. In contrast, a medical power of attorney grants authority solely over healthcare decisions. This distinction is important, as the roles serve different purposes and are subject to different laws in Maryland. While the Estates and Trusts Article § 17-101 governs financial powers of attorney, the Health-General Article § 5-601 addresses medical powers of attorney. Both documents are essential for comprehensive estate planning. However, they operate in separate areas of decision-making.

What Are the Legal Requirements for a Medical Power of Attorney?

To ensure that a medical power of attorney is valid in Maryland, several legal requirements must be met:

• Signed by the principal: The document must be signed by the individual granting the power.

• Witnesses: The signing must be witnessed by two individuals who are not related to you or involved in your healthcare. These witnesses will confirm that you understand the document and are acting voluntarily.

• Agent's appointment: You must clearly designate a trusted person who will be authorized to make medical decisions for you if you become incapacitated.

• Effective only when incapacitated: The medical power of attorney will only take effect if a physician determines that you are incapable of making your own medical decisions.

• Revocation and modification: You have the right to revoke or modify the document at any time, as long as you are mentally competent. Any changes must be formally executed and shared with your healthcare provider.

Under Health-General Article § 5-603, once these steps are completed, the medical power of attorney is legally binding, ensuring that your agent’s decisions will be respected.

Contact a Silver Spring, MD Estate Planning Attorney Today

At The Eleff Law Group, Attorney Susan Eleff brings over 40 years of experience in estate planning, offering clients personalized, professional service every step of the way. The firm’s success is evident in the glowing testimonials of our clients and the respect we have earned from peers. Attorney Eleff received an AV Preeminent rating from Martindale-Hubbell and a 10.0 Superb rating from Avvo, reflecting her dedication to excellence. If you are ready to make sure your healthcare decisions are properly planned for the future, reach out to our Potomac, MD estate planning lawyer today. Call 301-857-1990 to schedule your free consultation.