End-of-Life Planning Checklist for Maryland Residents

End-of-life planning in Maryland is mostly about authority. The right documents tell doctors who can speak for you, tell banks who can act if you are incapacitated, tell your family who controls final disposition, and tell courts and financial institutions how property should pass.

This guide is educational only. It is not legal, medical, tax, financial, or benefits advice. Use it as a planning framework, then confirm your documents with qualified Maryland professionals when your situation is complex.

Part 1: Health Care Documents

Maryland Advance Directive

Maryland Health-General Section 5-602 allows an advance directive to include treatment instructions and appointment of a health care agent. The Maryland Department of Health describes an advance directive as a written statement about your wishes for medical care and who should speak for you if you cannot speak for yourself.

Detail	Maryland Rule
What it does	Names a health care agent and records treatment preferences
Signing	Written or electronic directives generally must be dated and signed by you or at your express direction
Witnesses	Two witnesses are generally required for written or electronic directives unless a statutory electronic exception applies
Agent as witness	Your named health care agent may not serve as a witness
Beneficiary witness	At least one witness must not knowingly be entitled to a financial benefit from your death

Choose an agent who can be reached quickly, can handle conflict, and understands your values. Name at least one backup agent.

MOLST

Maryland MOLST, Medical Orders for Life-Sustaining Treatment, is different from an advance directive.

Advance Directive	MOLST
Legal document expressing future wishes and naming an agent	Current medical order based on your condition
Created by you	Created with a clinician
Guides decisions if you cannot speak	Directs clinicians and EMS about treatment orders
May include broad values and preferences	Covers CPR and other life-sustaining treatment orders

MIEMSS states that Maryland MOLST replaced the EMS/DNR form effective January 1, 2013, but prior EMS/DNR forms remain valid and will be honored by EMS clinicians. A MOLST may be signed by a doctor, nurse practitioner, or physician assistant and is portable across care settings.

If you do not want CPR or want limits on emergency treatment, talk with your clinician about whether a MOLST is appropriate. An advance directive by itself may not be enough for EMS in an emergency.

Part 2: Financial Power of Attorney

Maryland Estates and Trusts Section 17-110 sets formal signing requirements for a financial power of attorney:

• It must be in writing.
• It must be signed by the principal or by another person in the principal's presence and at the principal's express direction.
• It must be acknowledged before a notary public.
• It must be attested and signed by two or more adult witnesses.
• The notary may serve as one of the witnesses.

Maryland Estates and Trusts Section 17-105 says a power of attorney is durable unless the document says otherwise. Durable means the agent's authority can continue even if you later become disabled or incapacitated.

Give your agent practical access. A perfect document does not help if no one can find it or if your bank will not review it until a crisis. Consider asking major financial institutions how they prefer to receive POA documents.

Part 3: Will, Trust, and Beneficiary Designations

A will names who receives probate property and who should serve as personal representative. It does not control everything. Assets with beneficiary designations or survivorship terms usually pass outside the will.

Review these items:

• Life insurance beneficiaries
• Retirement account beneficiaries
• Pay-on-death bank accounts
• Transfer-on-death brokerage accounts
• Joint accounts
• Real estate title
• Trust documents
• Business ownership documents

Maryland residents should also be careful with tax planning. Maryland has state-level estate tax rules and inheritance tax rules, and federal estate tax may apply to larger estates. Do not assume another state's rules apply after moving to or from Maryland. Get state-specific tax advice if your estate includes real estate, business interests, retirement accounts, nonresident beneficiaries, or blended-family planning.

Part 4: Funeral and Disposition Instructions

Maryland Health-General Section 5-509 lets an adult give written, signed, witnessed directions for final disposition and name an authorizing agent. This is separate from a will. A will may not be found or reviewed until after funeral decisions are already made.

Document:

• Who has authority to arrange final disposition
• Burial, cremation, alkaline hydrolysis, green burial, body donation, or other preferences
• Cemetery, crematory, or provider preferences
• Religious or cultural instructions
• Whether embalming is acceptable
• Budget limits
• Whether a preneed contract exists
• Where signed documents are stored

If no valid written direction exists, Maryland's default priority order starts with spouse or domestic partner, adult child, parent, adult sibling, adult grandchild, guardian, signed authorization, and other willing categories listed in the statute.

For legal details, see the Maryland funeral and burial laws guide. For price planning, see the Maryland funeral cost guide.

Part 5: Digital Accounts

Create a private inventory of digital assets and accounts. Do not put passwords in your will, because a will can become public during probate.

Include:

• Email accounts
• Password manager
• Phone and computer passcodes
• Bank and investment logins
• Insurance portals
• Cloud storage
• Social media accounts
• Domain names and websites
• Cryptocurrency wallets and recovery information
• Subscription services
• Photos and family archives

Use platform legacy tools where available. Store credentials in a secure password manager or other secure method that your chosen fiduciary can access when appropriate.

Part 6: Document Storage

Your plan is only useful if the right people can find it quickly.

Give copies to:

• Health care agent
• Financial agent
• Personal representative
• Alternate agents
• Primary care clinician
• Attorney, if you used one

Keep originals in a secure but accessible location. Avoid locking the only copy in a safe deposit box if your agent cannot access it during incapacity or immediately after death.

Maryland Planning Checklist

Health care: Maryland advance directive / primary and backup health care agents / treatment preferences / MOLST discussion if CPR or emergency treatment limits matter / copies to agents and clinicians

Financial: Durable financial power of attorney / bank acceptance check / bill list / insurance list / tax records / advisor contact list

Estate: Will / trust if needed / personal representative / beneficiary designations / real estate title review / Maryland estate and inheritance tax review if relevant

Funeral: Written disposition direction under Health-General Section 5-509 / authorizing agent / funeral budget / cemetery or crematory preference / preneed contract location

Digital: Password manager / legacy contacts / device access / cryptocurrency recovery details if any / instructions for photos and online accounts

Communication: Tell agents they are named / discuss values and limits / give document locations / review every 3 to 5 years or after major life changes

Frequently Asked Questions

Is a Maryland advance directive the same as MOLST?

No. An advance directive expresses future wishes and names a health care agent. A MOLST is a current medical order created with a clinician for your current condition and can direct EMS and other providers.

Does a Maryland advance directive need witnesses?

Generally, a written or electronic advance directive must be dated, signed, and witnessed by two witnesses. The named health care agent may not be a witness, and at least one witness must not knowingly benefit financially from your death. Electronic directives have specific statutory rules, so use Maryland's recognized resources or legal guidance.

Does a Maryland financial POA need a notary?

Yes. Maryland Estates and Trusts Section 17-110 requires acknowledgment before a notary and two adult witnesses. The notary may be one of the witnesses.

Is a Maryland financial POA durable?

Yes, unless the document says otherwise. Maryland Estates and Trusts Section 17-105 provides that a power of attorney is durable unless the document states that it is terminated by the principal's disability or incapacity.

Should funeral instructions go in my will?

You can mention preferences in a will, but funeral decisions often happen before the will is reviewed. Use a separate written disposition direction under Maryland Health-General Section 5-509 and tell your authorizing agent where it is.

What to Do Next

Start with the documents that let people act during a crisis: advance directive, MOLST if appropriate, financial power of attorney, and written funeral disposition authority. Then update beneficiary designations, organize digital access, and review estate and tax planning.

Kaira turns state-specific deadlines, forms, and next actions into a shared plan your family can work from. See how it works.

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Disclaimer: This article provides general educational information about Maryland end-of-life planning. It is not legal, medical, tax, financial, or benefits advice. Requirements can change, and individual circumstances matter. Consult qualified Maryland professionals for advice on your situation.

Sources: Md. Code, Health-General Section 5-602; Maryland Department of Health Advance Directive Program; Maryland Department of Health individual advance directive resources; MIEMSS Maryland MOLST; Md. Code, Estates and Trusts Section 17-110; Md. Code, Estates and Trusts Section 17-105; Md. Code, Health-General Section 5-509.