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Heritage Tree LogoWhat Is a Durable Power of Attorney?

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According to Maryland law, a “durable power of attorney” can allow an individual to make big healthcare decisions on behalf of a family member or loved one who has become incapacitated. Continue reading and give our legal team a call today to speak with a skilled Butler County estate planning & probate attorneys.

What are specific powers and life-prolonging acts?

This refers to the appointment by the declarant under the advance directive to make health care decisions for the declarant under circumstances stated in the directive based on the wishes of the declarant; decision regarding the provision, withholding of life-sustaining procedures should be based, on whole or in part, on the patients preexisting, long-term mental or physical disability or a patient’s economic disadvantage; can’t authorize sterilization or treatment for mental disorder

What are the legal requirements for durable power of attorney?

In order for a durable power of attorney to be deemed legal, it must be: (1) voluntary; (2) dated and in writing; (3) signed by the declarant or at the express direction of the declarant; (4) subscribed by 2 witnesses; (5) effective when attending physician and second physician certify in writing that patient is incapable of making an informed decision on basis of a physical examination within 2 hours of certification (if the patient is unconscious, the second physician is not required); (6) communicated to a physician who shall made it part of declarant’s medical records.

How does a revocation of durable power of attorney work?

It is important to note that a durable power of attorney is revocable at any time by (1) signed and dated writing; an oral statement to a health care practitioner; (3) execution of the subsequent directive.

What is the validity from state to state?

Declaration executed out-of-state by a nonresident is effective if the declaration is in compliance with the laws of Maryland or the laws of the state where executed (to the extent permitted by the laws of Maryland).

What if the physician is unwilling to follow the durable power of attorney?

The attending physician should make every reasonable effort to transfer the declarant to another healthcare provider; assist in transfer, and the pending transfer complies with a competent individual or healthcare agent/surrogate for a person incapable of making a decision if failure to comply would likely result in the death of an individual.

Immunity for Attending Physician

Any healthcare provider who withholds or withdraws health care or life-sustaining procedures in accordance with this subtitle and in good faith is not subject to civil or criminal liability and may not be found to have committed professional misconduct


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