§ 13–711
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 13-711 (2026)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults
Subtitle 7
§ 13–711LinkCopy Citation
(a)
In this Part III of this subtitle the following words have the meanings indicated.
(b)
“Best interest” means that the benefits to the disabled person resulting from a treatment outweigh the burdens to the disabled person resulting from that treatment, taking into account:
(1)
The effect of the treatment on the physical, emotional, and cognitive functions of the disabled person;
(2)
The degree of physical pain or discomfort caused to the disabled person by the treatment, or the withholding or withdrawal of the treatment;
(3)
The degree to which the disabled person’s medical condition, the treatment, or the withholding or withdrawal of treatment results in a severe and continuing impairment of the dignity of the disabled person by subjecting the individual to a condition of extreme humiliation and dependency;
(4)
The effect of the treatment on the life expectancy of the disabled person;
(5)
The prognosis of the disabled person for recovery, with and without the treatment;
(6)
The risks, side effects, and benefits of the treatment or the withholding or withdrawal of the treatment; and
(7)
The religious beliefs and basic values of the disabled person receiving treatment, to the extent these may assist the decision maker in determining best interest.
(c)
“Life-sustaining procedure” means any medical procedure, treatment, or intervention used to sustain, restore, supplement, or supplant a spontaneous vital function in order to prevent or postpone the death of a disabled person.
(d)
“Substituted judgment” means a determination by a court that a disabled person would, if competent, make the same health care decision regarding a life-sustaining procedure taking into account any information that may be relevant to the decision, including:
(1)
The current diagnosis, prognosis with and without the life-sustaining procedure, and life expectancy of the disabled person;
(2)
Any expressed preferences of the disabled person regarding the provision of, or the withholding or withdrawal of, the life-sustaining procedure at issue;
(3)
Any expressed preferences of the disabled person about the provision of, or the withholding or withdrawal of, life-sustaining procedures generally;
(4)
Any religious or moral beliefs or personal values of the disabled person in relation to the provision of, or the withholding or withdrawal of, life-sustaining procedures;
(5)
Any behavioral or other manifestations of the attitude of the disabled person toward the provision of, or the withholding or withdrawal of, the life-sustaining procedure;
(6)
Any consistent pattern of conduct by the disabled person regarding prior decisions about health care;
(7)
Any reactions of the disabled person to the provision of, or the withholding or withdrawal of, a comparable life-sustaining procedure for another individual; and
(8)
Any expressed concerns of the disabled person about the effect on the family or intimate friends of the disabled person if a life-sustaining procedure were provided, withheld, or withdrawn.