How to Make a Living Will in Maryland Without a Lawyer

You Do Not Need a Lawyer

Under the Maryland Health Care Decisions Act, creating a legally binding living will requires no attorney, no notary, and no court filing. You need three things: the statutory form, two qualified adult witnesses, and a pen.

That said, the process has specific requirements that trip up people who assume it works like signing any other document. Understanding these requirements before you sit down to fill out the form prevents the kind of silent errors that surface during a medical crisis.

Step 1: Get the Statutory Form

Download the free advance directive form from the Maryland Department of Health or the Office of the Attorney General. Your primary care physician's office and most hospitals also stock copies. The form is available in English and Spanish.

In Maryland, the "living will" is Part II of the advance directive — it is not a separate document. You will complete the entire advance directive, which includes both your healthcare agent designation (Part I) and your treatment preferences (Part II).

Step 2: Choose Your Healthcare Agent

Before filling in Part II (the living will portion), complete Part I by naming a healthcare agent. This is the person who will carry out your treatment preferences when you cannot speak for yourself. Choose someone who understands your values, can handle medical pressure, and is geographically accessible.

Name one or two backup agents in case your primary choice is unavailable.

Step 3: Document Your Treatment Preferences

Part II asks you to specify your wishes for three clinical scenarios:

1. Terminal condition — death is imminent regardless of treatment
2. Persistent vegetative state — permanent unconsciousness with no cognitive function
3. End-stage condition — severe, irreversible deterioration with complete physical dependency

For each scenario, you choose whether to receive or withhold life-sustaining treatments including mechanical ventilation, CPR, and tube feeding. You must initial (not check) next to your selected statement. Checkmarks and X marks are legally insufficient in Maryland.

Step 4: Add Any Additional Instructions

The form provides open space for specific instructions the standard options do not cover. Use this section to address:

• Pain management preferences
• Religious or spiritual considerations
• Preferences about specific treatments (dialysis, antibiotics, blood transfusions)
• Organ donation wishes
• Any conditions under which you would want your instructions modified

Step 5: Execute the Document Properly

Sign and date the form in the physical presence of two adult witnesses. Both witnesses must also sign the attestation section.

Witness requirements:

• Your healthcare agent cannot be a witness
• At least one witness must be a disinterested party who will not inherit from you and is not named to administer your estate
• Both witnesses must be competent adults

No notary is required. Do not file the completed form with the court or the Attorney General.

Step 6: Distribute Copies

Give copies to:

• Your healthcare agent and backup agents
• Your primary care physician (for your medical record)
• The hospital where you would most likely be admitted
• Upload to MyDirectives.com — Maryland's designated free digital repository

Keep the original in a secure but accessible location — not a safe deposit box that cannot be opened in an emergency.

What the Free Form Does Not Cover

The state form handles the basics competently. It does not address progressive cognitive decline from Alzheimer's or dementia, where capacity loss is gradual rather than sudden. It does not prepare you for the MOLST conversation with your physician — the medical order that EMS actually follows in emergencies. And it does not explain how your healthcare planning coordinates with Maryland's probate and dual-tax system.

The Maryland Advance Directive & Living Will Kit fills these gaps with annotated instructions, a dementia care supplement, a MOLST preparation worksheet, and probate-avoidance tools — the pieces the free form leaves entirely to you.

See more Maryland guides →