Delaware Advance Directive Form

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A Delaware advance directive allows individuals to name a health care agent and provide instructions for medical treatments should they become incapacitated. The completed form records the health care agent’s powers, organ donation preferences, and when specific treatments are to be administered or withheld.

Delaware Advance Directive Form

A Delaware advance directive allows individuals to name a health care agent and provide instructions for medical treatments should they become incapacitated. The completed form records the health care agent’s powers, organ donation preferences, and when specific treatments are to be administered or withheld.

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Last updated May 8th, 2024

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A Delaware advance directive allows individuals to name a health care agent and provide instructions for medical treatments should they become incapacitated. The completed form records the health care agent’s powers, organ donation preferences, and when specific treatments are to be administered or withheld.

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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:

  • Entitled to the declarant’s estate.
  • Related to the declarant.
  • Financially responsible for the medical care of the declarant.
  • Employed by or own the institution where the declarant receives healthcare.

Advance Directive (Preview)

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 by signed 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.

Sources

  1. § 2503(b)(1)(d)
  2. § 2504(a)