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Putting It In Writing First

Health-Gen. § 5-602 — dated, signed, and two witnesses

In Maryland, a written or electronic advance directive is dated, signed by or at the express direction of the declarant, and subscribed by two witnesses in the declarant's physical or electronic presence.

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Who may witness. Any competent individual may witness it, including a health care facility employee or a physician caring for the declarant acting in good faith, but the health care agent may not. At least one witness must not knowingly be entitled to any part of the declarant's estate or any financial benefit from the declarant's death.

Without a signed directive. Where there is no validly executed or witnessed directive, any authentic expression of the person's wishes about health care made while competent is still to be considered.

The assumptionWhat the law actually does
The assumptionHospital staff can never witnessWhat the law actually doesA facility employee or physician acting in good faith may
The assumptionUnwritten wishes count for nothingWhat the law actually doesAn authentic expression made while competent is considered

Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed Maryland attorney.

Sources for this section (1)
  1. Md. Code, Health-Gen. § 5-602 — Advance directives: making one, agents and witnesses

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.

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