Legislation
Health Care Facility Visitation and Medical Decisions
What does this law do?
This law extends 11 protections to domestic partners in Maryland. These rights include:
- Visitation in a health facility
- Sharing a room in a nursing home
- Private visits in a nursing home
- Visitation during emergency transport
- Medical decisions if the individual is incapacitated (and does not have a power of attorney for health care)
- Ability to petition health care providers when there is disagreement over certain medical decisions
- Consent to a post-mortem examination (autopsy)
- Organ donation
- Disposition of remains
- Access to disinternment or reinternment permits
- Designation as a person of interest in a burial site
What is a domestic partner?
As defined in this law, a domestic partnership means a relationship between two people (straight or gay) who are at least 18 years old, are not related to one another, are not married or in a civil union or domestic partnership with someone else and agree to be in a relationship of mutual interdependence (meaning you contribute to the maintenance and support of each other and the relationship).
How do we prove we are domestic partners?
It is the intention of the law to have health care facilities and other entities subject to this law to allow a person to say they are the other's domestic partner and that is that. However, these facilities may require a couple to prove they are domestic partners.
If you are asked to provide proof of a domestic partnership the most a facility can require from you is an affidavit AND proof of two documents from the list below.
- Joint lease, mortgage or loan
- Designation of one of the individuals as the primary beneficiary on the other's life insurance or retirement plan
- Designation of one of the individuals as the primary beneficiary of the will of the other
- Health care or financial power of attorney granted by one of the individuals to the other
- Joint ownership or lease of a motor vehicle
- Joint checking account, investment or credit card
- Joint renter's or homeowner's insurance
- Coverage on a health insurance policy
- Joint responsibility for child care, such as a guardianship or school documents
- Relationship or cohabitation agreement
Where do we get an affidavit?
Equality Maryland has an affidavit that you can download and print out. Click here. You will need to sign this affidavit in front of a notary public and keep it in a safe place.
Should I have an advance directive/living will/power of attorney for health care?
Yes. Having a power of attorney for health care is still the best way to protect yourself and to ensure your domestic partner has the legal authority in times of crisis. You don't want to be faced with a situation where your partner is unable to sign an affidavit and the funeral home says, "tough luck, your partner’s estranged father gets to make funeral decisions." You do not, however, have to have these documents to take advantage of the 11 protections (listed above) created by the new law.
You can visit a lawyer that specializes in helping LGBT families protect themselves or visit Caring Connections or Maryland Attorney General.
You may not be able to access all of the 11 protections with an advance directive/living will/power of attorney, so ensure you have access to the documentation that may be required for these laws.
Are there any exceptions for emergencies?
Yes, in the case of a medical emergency an ambulance must allow domestic partners to ride together if they allow immediate family and a hospital must permit someone's domestic partner to visit on the same terms as all immediate family members, even if they do not have the proper documentation.
What happens if I experience a hospital or other entity that is not following this law?
Please contact Equality Maryland at 301587-7500 or info@equalitymaryland.org and we will try and help.
If this happens at a hospital or other health facility you can also contact The Office of Health Care Quality at 877 402-8218 or complete this online form.
I am confused; tell me EXACTLY what I should do.
- Have a signed and witnessed affidavit declaring you and your partner are "domestic partners." This is simple and can be accomplished in a day.
- Have easy access to two of the documents listed above that could be requested in addition to the affidavit to prove you are in a domestic partnership.
- As a matter of smart health care planning, you should have an advance directive/living will/power of attorney for health care. All couples and families should invest in creating these documents and ensure easy access to them in case of emergencies. You should have an advance directive/living will/power of attorney for health care AND a signed and witnessed affidavit and access to at least two of the documents on the list above.
What happens if I have more questions?
You can email us at info@equalitymaryland.org or call us ay 301 587-7500.