2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 7 - Guardian of the Person › Part III - Life-Sustaining Procedures › Section 13-711 - Definitions

(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.