A Maryland living will, known under state law as an advance directive for health care, is a written or electronic document.[1.1] It lets a person 18 or older record end-of-life treatment choices and name a health care agent. It is sometimes also called a Health Care Power of Attorney, Medical Power of Attorney, or Health Care Directive.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Maryland law. If you notice an error or outdated information, please contact us.
Even though creating a living will form is more often associated with elderly or seriously ill people, anyone 18 or older should consider making one, since an accident can happen to anyone.
To take effect, a Maryland advance directive must be dated, signed by you (or at your direction), and signed by two witnesses in your presence.[1.2] Store it somewhere safe but easily accessible in case of an emergency.
Maryland's Health Care Decisions Act sets the signing and witnessing rules for a Maryland living will, or advance directive. A written or electronic advance directive must be dated, signed by the declarant or at the declarant's express direction, and subscribed by two witnesses in the declarant's physical or electronic presence.[1.2]
Maryland's own signing rule, quoted directly from the statute below, calls you the declarant.
A written or electronic advance directive shall be dated, signed by or at the express direction of the declarant, and subscribed by two witnesses in the physical presence or electronic presence of the declarant.
In plain terms, you (or someone signing at your direction) sign and date the document, and two witnesses sign it too, either in person or through an approved electronic presence method.
Maryland law adds two eligibility rules for your witnesses:
Two other ways the law allows. An oral advance directive works the same as a written one if you make it in front of your attending physician, physician assistant, or nurse practitioner, plus one witness.[1.2]
The practitioner and the witness must date and sign a note of it in your medical record. Separately, an unwitnessed electronic advance directive, a video or file, may be accepted if it is dated and stored through an electronic advance directive service recognized by the Maryland Health Care Commission.[1.2]
Two witnesses are required for every Maryland advance directive, so plan ahead and choose people who are not your health care agent and who will not inherit from you. Talk with your chosen agent, and any backup agent, before you sign, so they understand your wishes and agree to serve.
Definitions:
| Document Name | Maryland Living Will Form |
| State Form Name | Maryland Advance Directive: Planning for Future Health Care Decisions |
| Signing Requirements | Two Witnesses |
| Validity Requirements | Md. Code, Health-Gen. § 5-602 |
| Avg. Time to Fill Out | 13 minutes |
| # of Fillable Fields | 48 |
| Available Formats | Adobe PDF, Microsoft Word |
| State Laws: Md. Code, Health-Gen. §§ 5-602, 5-603 (see citations below) | |
Maryland law also provides an optional statutory form, the “Maryland Advance Directive: Planning for Future Health Care Decisions” form, under Md. Code, Health-Gen. § 5-603.[1.1] Using that exact form is optional. Any advance directive that meets the state's signing and witnessing requirements is valid, including this one.
Maryland offers several related estate planning documents. A Maryland last will and testament directs how your property is distributed after your death, which a living will does not cover. A Maryland durable power of attorney lets someone manage your finances while you are alive, separate from the health care decisions this document covers, and a Maryland general power of attorney covers similar financial matters on a non-durable basis. A Maryland small estate affidavit can help your family settle a small estate without full probate.
A Maryland living will is different from a MOLST, or Maryland Orders for Life-Sustaining Treatment, form. Your doctor completes and signs a MOLST with you based on your current health, and it is a medical order, not a legal document you fill out on your own. Many people have both: a living will that states their wishes in advance, and a MOLST their doctor uses once those wishes need to guide immediate medical care.
Maryland's Living Will (Advance Health Care Directive) and Medical Power of Attorney form runs eight pages and covers your treatment wishes, your health care agent's details, and your signature. Fill it out in the order below, then sign it in front of two witnesses who meet Maryland's eligibility rules.
Give a signed copy of your living will to your health care agent, your family, and your doctor, and keep the original where it can be found easily. Review it periodically and complete a new one if your wishes change. If you are planning your family's affairs more broadly, see our Maryland power of attorney hub for the full range of POA documents.
Yes. A Maryland advance directive, written or electronic, must be signed by the declarant, or by someone else at the declarant’s express direction. It must also be dated and subscribed by two witnesses in the declarant's physical or electronic presence.[1.2]
General information, not legal or tax advice.
