Delaware Advance Directive

A Delaware advance directive allows individuals to name a healthcare agent and provide instructions on the types of medical treatments that they consent to or prohibit should they become incapacitated. The powers of the healthcare agent, organ donation preferences, and when specific treatments are to be administered or withheld are detailed in the advance healthcare directive.

Delaware Advance Directive

A Delaware advance directive allows individuals to name a healthcare agent and provide instructions on the types of medical treatments that they consent to or prohibit should they become incapacitated. The powers of the healthcare agent, organ donation preferences, and when specific treatments are to be administered or withheld are detailed in the advance healthcare directive.

Last updated April 21st, 2024

A Delaware advance directive allows individuals to name a healthcare agent and provide instructions on the types of medical treatments that they consent to or prohibit should they become incapacitated. The powers of the healthcare agent, organ donation preferences, and when specific treatments are to be administered or withheld are detailed in the advance healthcare directive.

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Signing Requirements

In addition to the declarant’s signature, at least two witnesses must sign the advance directive.[1] The selected witnesses must not be:

  • A beneficiary of the declarant.
  • Related to the declarant.
  • Financially responsible for the medical care of the declarant.
  • Employed by or own the institution where the declarant receives healthcare.
  • Anyone with any claims against the declarant’s estate.

Advance Directive (Preview)

Delaware Advance Directive

Revocation

As long as the declarant is mentally competent, they may revoke the advance directive at any time.[2]
The revocation may be done either in writing or in any way that indicates the intent to revoke it, as long as it is done in front of two witnesses, one of whom is a healthcare provider.