If you’re writing a will in Maryland and want someone to make medical decisions for you if you can’t speak for yourself, you might assume your will covers that. It doesn’t. A will only takes effect after you die it has no legal power while you’re alive but unable to communicate. That’s why healthcare directives are separate documents, and why simply “including” them in your will isn’t possible or legally sound.

What does “include healthcare directives in Maryland will” actually mean?

The phrase is misleading. You cannot legally attach or embed healthcare directives like a living will or medical power of attorney into your last will and testament. Maryland law treats these as distinct tools with different purposes, timing, and execution rules. A will controls property distribution after death. Healthcare directives control medical choices before death, when you’re incapacitated. Trying to fold one into the other creates confusion and may leave your wishes unenforceable.

When do people ask this and what are they really trying to do?

Most people asking how to include healthcare directives in Maryland will are actually trying to ensure their medical preferences are honored and coordinated with their broader estate plan. They want clarity not duplication. For example: a parent updating their will after a diagnosis may also want to name a trusted adult child to consent to surgery or decline life support, using the correct forms. That’s not about “including” anything in the will; it’s about completing the right standalone documents and keeping them accessible to doctors and agents.

What documents do you need instead of adding things to your will?

In Maryland, two core documents handle healthcare decisions:

  • Advance Directive for Health Care (also called a living will): states your wishes about life-sustaining treatment, resuscitation, feeding tubes, and comfort care.
  • Healthcare Power of Attorney: names an agent (sometimes called a “healthcare surrogate”) who can make decisions for you if you’re unable like choosing a hospital, consenting to surgery, or accessing your medical records.

Both must be signed in front of two witnesses (neither can be your healthcare agent or related to you by blood or marriage) or a notary. No attorney is required, but the forms must meet Maryland’s statutory requirements. You’ll find the official versions on the Maryland Attorney General’s website.

Common mistakes people make

People often handwrite notes on their will saying “my spouse decides my medical care” but that’s not valid in Maryland. Others assume naming an executor in their will automatically gives that person medical authority. It doesn’t. Another frequent error: storing the advance directive only with the will in a safe deposit box or lawyer’s office. Doctors won’t check there during an emergency. Your agent needs a copy and so should your primary care provider.

How to coordinate healthcare directives with your Maryland estate plan

You don’t merge the documents you connect them thoughtfully. In your will, you can reference your healthcare directive by date (e.g., “I executed an Advance Directive for Health Care on March 12, 2024, naming Jane Doe as my healthcare agent”). That helps your executor and family locate the right document quickly. More importantly, keep your Maryland healthcare directive requirements for estate planning up to date and share copies with your agent, doctor, and a trusted family member. If you’ve already started the process, reviewing your legal steps for healthcare directives in Maryland estate process ensures nothing lapses or conflicts.

Where should you store these documents?

Don’t rely on digital-only storage unless your agent knows how to access it immediately. Give paper copies to your healthcare agent, your primary care clinic, and your attorney. Some people keep a card in their wallet stating they have a directive and where it’s located. You can also file a copy with the Maryland estate settlement documents for medical decisions system if your provider participates but that’s optional, not required.

Next step: Download the free Maryland Advance Directive form, fill it out with two witnesses present, and give copies to your chosen agent and doctor within the next week. If you’re working with an attorney on your will, ask them to confirm your healthcare directive is complete and stored separately not stapled to your will.