Living Wills and Advance Directives in Delaware

Under Delaware's Health-Care Decisions Act, an adult with capacity may create a "health-care instruction" stating preferences for future care, such as end-of-life treatment, which professionals or facilities to use, who should be consulted, and who should serve as default surrogate or guardian. A health-care professional who is given an instruction must record it in the medical record, and a later conflicting instruction revokes the earlier one to the extent of the conflict. The Act includes an optional Advance Health-Care Directive form that combines instructions with a power of attorney for health care; a separate advance mental health-care directive is also allowed.

Delaware calls it a "power of attorney for health care." It must be in a record, signed by the person, and signed by one adult witness who reasonably believes the act is voluntary and knowing, is not the agent or the agent's spouse, domestic partner or cohabitant, and, if the person lives or receives care in a nursing home or long-term care facility, is not connected to that facility. The witness may be present in person or by real-time audio-video (or audio in some cases). Notarization is not required. Certain people are disqualified from acting as agent, including a nursing home or long-term care facility owner, operator, employee or contractor (unless family) and anyone subject to a protection-from-abuse order or petition by the person.