Jul 27, 2006  |  By: JOSHUA LYNSEN  | COMMENTS     

Maryland’s updated advance directive forms, which grant three new rights to couples, are now available.

Completed forms guarantee Marylanders — gay or straight — that a person they designate can visit them in the hospital, ride along in ambulances and make funeral arrangements on their behalf.

“With the changes in advance directive laws that we helped push through, couples can have these protections if they take the time,” said Dan Furmansky, executive director of Equality Maryland.

Updated forms are included within a state pamphlet titled “Maryland Advance Directive: Planning for Future Health Care Decisions.” It can be requested from the attorney general’s office, at 410-576-0637, or downloaded from that office’s website.

The forms are found in the pamphlet marked “Revised May 2006.”

Equality Maryland and other statewide organizations are encouraging gay Marylanders to obtain and complete the pamphlet to secure their rights.

“Maryland law does not treat same-sex couples as family,” Furmansky said. “Advance directives, and especially these new rights, give us the opportunity to act as the family we really are.”

Terrance Heath, a 37-year-old gay man who lives with his partner in Chevy Chase, Md., said he will complete the forms and encourages other couples to do so.

 “I think that it’s largely a personal decision,” he said. “But you have to keep in mind, since Sept. 11, you don’t know what’s going to happen. You don’t want to be in a situation where someone you love is sick or dying, and be unable to prove your relationship, and prove what their wishes are.”

The 17-page state pamphlet explains Maryland’s various advance directive rights, and how residents can designate a “health care agent.”

Such designees are essential, as they are the only ones guaranteed the advance directive rights. The pamphlet suggests identifying alternate designees, in case the primary designee is unavailable.

Heath said he and his partner, Richard Imirowicz, 39, previously named each other as the primary designee and family members as backups.

“I previously had a job with a non-profit that focused on end-of-life care,” Heath said, “and that made me aware of the importance of advance directives and medical power of attorney, especially for same-sex couples who lack ways to easily legalize a relationship.”

Heath estimated he spent about $3,000 to have a lawyer draft documents guaranteeing advance directive rights for him and his partner.

The new forms, which hold the same legal weight, are free. Heath said he’s planning to complete the new forms to make certain his rights are guaranteed.

“Even though we already have documents,” he said, “it can’t hurt to have more.”

Those who complete the advance directive forms should give copies to their doctors, all designated health care agents and family members, according to Equality Maryland.

“Advance directives are especially important for LGBT Marylanders because under current law, same-sex couples, no matter how long they’ve been together, are not considered next of kin,” according to the Equality Maryland website says. “Without an advance directive, your partner’s blood relatives will be called upon to make decisions in your stead.”

New rights take effect Oct. 1

Furmansky said the updated advance directive benefits become effective Oct. 1.

The expanded rights were enacted earlier this year via a bill authored by Sen. Paula Hollinger (D-Baltimore County) and Del. James Hubbard (D-Prince George’s County).

The bill became law without the signature of Republican Gov. Robert Ehrlich. Legislation that passes the Maryland General Assembly, and is neither signed nor vetoed by the governor, automatically becomes law.

Ehrlich previously vetoed the Medical Decisions Making Act, a bill passed by the legislature last year that included more extensive benefits for unmarried couples not covered in the new advance directives law.

A separate Maryland bill passed this year creates a registry for advance directive forms. That bill, which was sponsored by Ehrlich, allows residents to file their completed forms with the Department of Health & Mental Hygiene. That registry is still being developed, though, and is not yet available.

Heath said he was unsurprised by the governor’s lack of support, but added he’s nonetheless pleased to have the expanded rights.