Delaware Living Wills and Advance Health Care Directives: What You Need to Know

Don't put off making a Delaware advance health care directive (power of attorney and living will).

Related Ads
Need Professional Help? Talk to a Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Why do you need a living will and power of attorney for health care (called an advance health care directive in Delaware)?

If you become unable to direct your own medical care because of illness, an accident, or advanced age, the right legal documents are your lifeline. When you don't write down your wishes about the kinds of medical treatment you want and name someone you trust to oversee your care, these important matters can be placed in the hands of estranged family members, doctors, or sometimes even judges, who may know very little about what you would prefer.

What are health care forms called in Delaware?

There are two basic kinds of health care documents that everyone should make. First, you'll need a document naming a trusted person to direct your health care if you are unable to do so yourself. This document is commonly called a durable power of attorney for health care.

Second, you should make a document setting out the types of medical treatment you would or would not like to receive in certain situations. This document is often known as a living will.

In Delaware, these two documents are combined into a single form called an advance health care directive.

Who makes health care decisions for me in Delaware?

In Delaware, the person you name to make decisions for you is called your agent. Most people name a spouse, partner, relative, or close friend as their agent. Under Delaware law, your agent may not be an owner, operator or employee of a long-term health care institution where you are receiving care, unless he or she is related to you by blood, marriage or adoption.

What else do I need to know about choosing an agent in Delaware?

When choosing your agent, the most crucial criteria are trustworthiness and dependability. You might also want to choose someone you think will be good at asserting your health care wishes if others argue against them -- that is, someone who is persistent or calm under pressure.

While you need not name someone who lives in Delaware, the person you name should at least be willing and able to travel to your bedside if necessary.

Your agent will begin to make health care decisions for you when you lack the capacity to do so. For more information, see Nolo's article Living Wills and Powers of Attorney for Health Care: How They Work.

Do I need a lawyer to make health care documents in Delaware?

You usually don't need a lawyer to prepare documents directing your health care. In fact, state governments have designed these forms for people to complete on their own by filling in the blanks. You can find the health care forms you need for Delaware in Nolo's Quicken WillMaker Plus software. The software includes detailed instructions for completing your documents and meets all Delaware legal requirements.

Updated by: , J.D.

Create Your Estate Plan

WillMaker

Get Started with Quicken WillMaker Plus!

Everything you need to create a complete estate plan:

Write a legally valid will

Avoid probate with Nolo's Living Trust

Create a health care directive

Create a durable power of attorney

Prepare executor documents

Save on attorneys fees

Find an Estate Planning Lawyer

Need professional help?
Enter your zip code to find an estate planning lawyer. (e.g., 10110)
LA-NOLO6:LDR.1.5.0.20140409.25642