Law Office of Elizabeth Forgotson Goldberg Law Office of Elizabeth Forgotson Goldberg 2026-09-07T14:41:39Z https://www.forgotsonlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104613/2022/11/cropped-siteicon-32x32.jpg On Behalf of Law Office of Elizabeth Forgotson Goldberg <![CDATA[Who makes your medical decisions if you don’t have a Maryland advance directive?]]> https://www.forgotsonlaw.com/?p=255734 2026-09-07T14:41:39Z 2026-09-07T14:41:39Z The state’s order of decision-making authority An advance directive records your health care wishes and can name someone to decide when you cannot choose the medical care you receive. Without one, the Maryland Health Care Decisions Act determines who has authority after the required medical professionals certify in writing that you cannot make a choice based on an understanding of the treatment. Under the law, you lack that capacity if you lose the ability to understand a proposed treatment and its likely effects, weigh its possible advantages, dangers and drawbacks or convey your choice. Once incapacity has been established, providers look to eligible people if you have no available chosen representative. They follow this order:
  • A guardian, if a court has already appointed one
  • The person married to you or your domestic partner
  • Your adult child or children
  • Your parent or parents
  • Your adult sibling
  • A close friend or another family member who knows your health and activities
Providers may consult a lower group only when everyone in each higher group is unavailable. A friend or other relative at the final level could provide the attending doctor with an affidavit describing regular contact and knowledge of your health, activities and beliefs.

How the default hierarchy can divide a family

The law’s order may differ from your closest personal bond. An estranged adult child could rank ahead of a devoted sibling or longtime friend under the statutory order. That result can surprise loved ones who assumed the person most involved in your life would decide. Conflict may also arise among relatives who share equal priority, such as two adult children. One might favor a feeding tube while another recalls that you opposed prolonged treatment. When the patient receives care at a hospital, the doctor overseeing treatment or another authorized person refers such a dispute to the institution’s medical review panel. The additional review can delay a treatment decision while emotions run high.

Why you may benefit from naming your own decision-maker

Naming your own health care agent can prevent Maryland’s default hierarchy from giving authority to a person you might not have selected. Recording your treatment choices may also allow your doctors and loved ones to honor your wishes if you become unable to communicate. Legal guidance can help you create language that fits your goals and complies with signing requirements. It may also address backups, family dynamics and the scope of your agent’s authority.]]> On Behalf of Law Office of Elizabeth Forgotson Goldberg <![CDATA[Can a will cover long-term care and Maryland Medicaid eligibility?]]> https://www.forgotsonlaw.com/?p=255722 2026-06-25T19:47:23Z 2026-07-01T09:40:23Z Traditional estate planning vs. long-term care planning The core statutory distinction between traditional estate planning and long-term care planning centers on when these legal protections take effect. Traditional estate planning focuses primarily on asset distribution after death. It utilizes standard wills and basic trusts to transfer property to heirs efficiently. Conversely, long-term care planning establishes vital legal and asset protections while you are still living. It governs your quality of life, manages healthcare decision-making during incapacity and structures your finances to meet strict Medicaid thresholds without forcing you to exhaust your life savings on care.

Why you need to plan for long-term care

A dangerous mistake many families make is assuming a standard will protects their savings from being entirely consumed by modern long-term care facility contracts and nursing home costs. However, this thinking may drain your retirement accounts to pay for private medical care. Because a traditional will only takes effect after you pass away, it does nothing to limit your out-of-pocket bills during your lifetime. This misstep leaves your hard-earned wealth fully exposed to expensive monthly nursing home rates.

Getting the care you deserve as you age

Planning for the future is about more than just managing money; it is about deciding how you want to live your daily life as you grow older. To prepare effectively, it is wise to take some time to talk openly with your loved ones about your living preferences in the future. Initiating these practical family conversations today may help you secure comfortable and dignified care when you are older.]]> On Behalf of Law Office of Elizabeth Forgotson Goldberg <![CDATA[What happens if a parent becomes incapacitated without a DPOA in Maryland?]]> https://www.forgotsonlaw.com/?p=255725 2026-06-25T19:44:07Z 2026-06-25T08:35:00Z Outlining what a DPOA can do for your family A DPOA is a legal document that allows your parent to name you as their agent. You can handle their money, real estate properties and business matters. They can also name you in their advance directive, which lets you make medical decisions if they become too sick. Your legal authority depends on whether they assigned general or limited powers. A general POA means you have full control over their affairs, while a limited POA restricts you to certain tasks. DPOAs take effect immediately when your parent signs it. However, they can also opt for a springing DPOA, which only triggers after a doctor certifies that they are incapacitated.

Avoiding procrastination with a purpose

You may think that DPOA is unnecessary until your parent suddenly cannot decide on important matters. If you decide to draft the document at this point, it might be too late. In Maryland, they can no longer legally execute a DPOA if they do not have the mental capacity to understand what they are signing. As a result, your family may enter court guardianship proceedings. This emotionally stressful process can be costly, only to learn that you cannot decide who controls your parent’s life and finances.

How legal counsel can protect your family

Early intervention can help you address the issue while your parent still has legal capacity. An experienced elder law attorney in Maryland can draft customized incapacity planning documents tailored to your family's unique needs. They will ensure all paperwork meets Maryland's strict guidelines, establishing clear decision-making authority.]]>