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The Delaware Advance Directive is the new standard for those seeking to establish their medical decisions before any potential health complications that affect their ability to function (mentally & physically). Prior to this format, a principal/declarant would have to carry out two (2) separate forms, the medical power of attorney and living will. Now, residents of the state can employ the advance directive, which contains the same content as the previous documents. This content will include:
- Part 1: Power of Attorney for Health Care – Designates an agent to make medical determinations on behalf of the principal if they become incapacitated.
- Part 2: End-of-Life Decisions – The living will portion allows users to indicate their preferences concerning end-of-life treatments.
- Part 3: Anatomical Gift Declaration – Individuals who wish to donate their body, organs, or tissues upon their demise may declare this within this section.
After completing these portions of the document, the principal/declarant will be required to endorse the instrument under the review of two (2) witnessing parties (notary section available for those who wish to further solidify the document).
Laws
Statutes – Title 16, Chapter 25: Health-Care Decisions (§ 2501 – § 2519)
Definitions – “Advance health-care directive” shall mean an individual instruction or a power of attorney for health care, or both (§ 2501(a)).
Signing Requirements – The declarant must sign in the presence of two (2) or more adult witnesses who meet the state’s criteria (§ 2503(d)).
Revocation – § 2504
Other Versions (7)
- AARP (Caring Connections)
- Beebe Health
- Catholic Diocese of Wilmington
- Everplans
- Five Wishes (Aging with Dignity)
- Prepare for Your Care
- In Spanish/En Español
AARP (Caring Connections) Version
Download: Adobe PDF
Instructions: Adobe PDF
Download: Adobe PDF
Information: Adobe PDF
Catholic Diocese of Wilmington Version
Download: Adobe PDF
Information: Adobe PDF
Download: Adobe PDF
Five Wishes (Aging with Dignity) Version
Download: Adobe PDF
Information: Adobe PDF
Prepare for Your Care Version (also available in Spanish/en Español)
Download: Adobe PDF
Download: Adobe PDF
Additional Resources
- Beebe Healthcare – Advance Healthcare Directives
- Beebe Healthcare – Advance Healthcare Directives Guide
- Delaware Health and Social Services – Advance Directive Information
- Delaware Health and Social Services – Delaware MOST FAQs
- Delaware Hospice – Advance Healthcare Planning
- Tidal Health – Advance Directives
Related Forms (3)
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word (.docx)
MOST (Medical Orders for Scope of Treatment) Form
Download: Adobe PDF
Instructions: Adobe PDF
Revocation of Power of Attorney
Download: Adobe PDF, MS Word (.docx)
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