If your loved one cannot make medical decisions on their own and has not named a health care agent, Maryland law may allow another person to step in. A surrogate decision maker in Maryland can make certain treatment choices when no advance directive controls the situation.
Under Maryland elder law, a surrogate should follow the patient’s known wishes whenever possible. If those wishes are unknown, decisions should reflect the patient’s best interests, values and personal beliefs.
Who can serve as a surrogate decision maker?
Maryland law establishes an order of priority for who may act as a surrogate decision maker in Maryland.
- A spouse or qualifying domestic partner with a close legal relationship
- A court-appointed guardian who is authorized to make health care decisions
- An adult child familiar with the patient’s wishes and values
- A parent who can help protect the patient’s best interests
- An adult sibling involved in the patient’s care or well-being
- A close friend or relative with regular contact and personal knowledge
Not everyone may qualify for this role. A person subject to a protective order involving the patient may be prevented from acting as a surrogate decision maker. A spouse may also lose eligibility if the couple has entered a separation agreement or divorce proceedings have started.
A surrogate decision maker in Maryland should follow the patient’s known wishes whenever possible. Medical decisions may take into account the person’s beliefs, values, past choices and likely preferences. If those wishes cannot be determined, decisions should focus on the patient’s best interests and overall well-being.
Maryland elder law also places limits on a surrogate’s authority. Certain medical decisions cannot be authorized through this process, and treatment choices should not be based solely on a person’s long-term disability or financial circumstances. The patient should also be informed of proposed treatment and the surrogate’s role whenever possible.
Medical emergencies and serious illnesses can create uncertainty for families. Understanding how a surrogate decision maker in Maryland is selected and what responsibilities come with that role may help you prepare for unexpected situations. Maryland elder law offers important protections for patients and their families when advance planning documents are not available. Seeking legal guidance may help you understand your options and responsibilities.
