MAKE YOUR FREE Delaware Advance Directive
What is a Delaware Advance Directive?
The person making an Advance Directive is known as the "principal," while the individual or organization obtaining permission to carry out the principal's wishes is called the "agent." Suited for residents of Delaware, this Advance Directive is made for use in Sussex County, Kent County, New Castle County, and in any other part of the state. Any Delaware Advance Directive from Rocket Lawyer can be modified for your unique scenario. With this document on hand, your medical institutions will have a point of reference for your decisions, and your agent will be able to offer proof that they have been authorized to act in your interest when you are not able.
When to use a Delaware Advance Directive:
- You're making sure your loved ones aren't put in the position of making important end-of-life healthcare decisions for you.
- You're about to draft a complete estate plan, and want to make sure life-sustaining treatments are covered.
Sample Delaware Advance Directive
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LIVING WILL
and
HEALTH CARE POWER OF ATTORNEY
DECLARATION
and
HEALTH CARE POWER OF ATTORNEY
(LIVING WILL)
(HEALTH CARE PROXY)
(LIVING WILL AND HEALTH CARE PROXY)
DECLARATION
and
HEALTH CARE PROXY
LIVING WILL
and
MEDICAL DURABLE POWER OF ATTORNEY
DOCUMENT CONCERNING WITHHOLDING OR WITHDRAWAL OF LIFE-SUPPORT SYSTEMS
HEALTH CARE INSTRUCTIONS
DOCUMENT CONCERNING THE APPOINTMENT OF A HEALTH CARE REPRESENTATIVE FOR HEALTH CARE DECISIONS
OF
DECLARATION
and
HEALTH CARE POWER OF ATTORNEY
LIVING WILL
and
DESIGNATION OF HEALTH CARE SURROGATE
DECLARATION
and
STATUTORY FORM
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
A LIVING WILL
A Directive to Withhold or to Provide Treatment
and
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
LIVING WILL DECLARATION
and
COMBINED DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND HEALTH CARE REPRESENTATIVE APPOINTMENT
DECLARATION
and
DESIGNATION OF ADVOCATE FOR HEALTH CARE DECISIONS
HEALTH CARE POWER OF ATTORNEY
DECLARATION OF A DESIRE FOR A NATURAL DEATH
and
HEALTH CARE POWER OF ATTORNEY
HEALTH CARE DIRECTIVE
and
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
ADVANCE HEALTH-CARE DIRECTIVE
INSTRUCTIONS FOR HEALTH CARE
and
HEALTH CARE POWER OF ATTORNEY
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
DECLARATION
HEALTH CARE PROXY OF
ADVANCE DIRECTIVE OF
LIVING WILL DECLARATION
and
HEALTH CARE POWER OF ATTORNEY
ADVANCE CARE PLAN
HEALTH CARE POWER OF ATTORNEY
LIVING WILL
ADVANCE DIRECTIVE
and
MEDICAL POWER OF ATTORNEY
HEALTH CARE DIRECTIVE
and
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
DECLARATION TO PHYSICIANS
(WISCONSIN LIVING WILL)
and
HEALTH CARE POWER OF ATTORNEY
LIVING WILL
AND
MEDICAL POWER OF ATTORNEY
I. LIVING WILLI. ADVANCE DIRECTIVEI. DECLARATIONI. DOCUMENT CONCERNING WITHHOLDING OR WITHDRAWAL OF LIFE SUPPORT SYSTEMSI. A LIVING WILL - A DIRECTIVE TO WITHHOLD OR TO PROVIDE TREATMENTI. LIVING WILL DECLARATIONI. HEALTH CARE INSTRUCTIONSI. DECLARATION OF A DESIRE FOR A NATURAL DEATHI. HEALTH CARE DIRECTIVEI. DECLARATION TO PHYSICIANS (WISCONSIN LIVING WILL)Declaration made this ______ day of ____________________, _____. I, , willfully and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below, and I do hereby declare:This is an important legal document known as an advance directive. It is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values. In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill. You are encouraged to discuss your values and wishes with your family or chosen spokesperson, as well as your physician. Your physician, other health care providers, or medical institution may provide you with various resources to assist you in completing your advance directive. Brief definitions are listed below and may aid you in your discussions and advance planning. Initial the treatment choices that best reflect your personal preferences. Provide a copy of your directive to your physician, usual hospital, and family or spokesperson. Consider a periodic review of this document. By periodic review, you can best assure that the directive reflects your preferences. I, , being of sound mind, willfully and voluntarily make this Declaration for my care to be followed if I become unable to express my desires directly as a consequence of physical or mental incapacity or disability, regardless of whether this is caused by illness, accident, or other injury. This document is intended to direct all persons who are involved with my care including my relatives, physicians or personal representatives which I have appointed, or which hereafter may be appointed by the courts.
__________ (initial) I have a terminal condition
__________ (initial) or I have an irreversible condition
__________ (initial) or I am in a persistent vegetative state
AND if my attending or treating physician and another consulting physician have determined that there is no reasonable medical probability of my recovery from such condition, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.
TO RECEIVE artificially administered nutrition and hydration (food and fluids).NOT TO RECEIVE artificially administered nutrition and hydration (food and fluids) procedures, except as deemed necessary to provide me with comfort care.However, if at any point it is determined that it is not possible that the fetus could develop to the point of live birth with continued application of life-prolonging procedures, it is my preference that this document be given effect at that point. If life-prolonging procedures will be physically harmful or unreasonably painful to me in a manner that cannot be alleviated by medication, I request that my desire for personal physical comfort be given consideration in determining whether this document shall be effective if I am pregnant. I have discussed these decisions with my physician and have also completed a Physician Orders for Scope of Treatment (POST) from that contains directions that may be more specific than, but are compatible with, this Directive. I hereby approve of those orders and incorporate them herein as if fully set forth. I have not completed a Physician Orders for Scope of Treatment (POST) form. If a POST form is later signed by my physician, then this living will shall be deemed modified to be compatible with the terms of the POST form.
I designate , who may be reached at , as my Primary Physician.
including but NOT including . unless I initial the following line:
(YOU MUST DATE AND SIGN THIS LIVING WILL AND DESIGNATION
(YOU MUST DATE AND SIGN THIS DESIGNATION
IN THE PRESENCE OF TWO WITNESSES)
I affirm that this Living Will and Designation is not being made as a condition of treatment or admission to a health care facility. I have read and understand the contents of this document and the effect of this grant of powers to my . I am emotionally and mentally competent to make this declaration.
I affirm that this Designation is not being made as a condition of treatment or admission to a health care facility. I have read and understand the contents of this document and the effect of this grant of powers to my . I am emotionally and mentally competent to make this declaration.
I designate , who may be reached at , as my Primary Physician.
We, the undersigned witnesses, state that in the presence of each other and we have witnessed the signing of this living will by . Further, at least one of us is not a spouse or blood relative of .
We, the undersigned witnesses, state that in the presence of each other and we have witnessed the signing of this Living Will and Designation by . I have not been appointed as 's or Alternate . At least one witness is not 's spouse nor blood relative.
I have not been appointed as 's or Alternate . At least one witness is not 's spouse nor blood relative.
Date: ______________________________
Date: ______________________________
The foregoing instrument was acknowledged before me this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , ________________________________, and ________________________________, who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, ______.
This instrument was acknowledged before me on this _____ day of ____________________, ______ by .
On this _____ day of ____________________, ______, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, ______, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
_________________________________
My commission expires _____________
You should sign this document in the presence of a notary public. You should sign this document in the presence of two witnesses who then sign the document in your presence and in each other's presence. You should sign this document in the presence of a notary public and two witnesses who then sign the document in your presence and in each other's presence.(your Agent)
You should discuss the document and your wishes with any person you want to designate as an Agent before doing so to assure they agree to act on your behalf.
Delaware Advance Directive FAQs
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How do I make an Advance Health-Care Directive in Delaware?
It is fast and simple to outline your medical wishes using a free Delaware Advance Directive template from Rocket Lawyer:
- Make your Advance Directive - Provide a few basic details, and we will do the rest
- Send and share - Review it with your healthcare agent or ask a legal question
- Sign and make it legal - Mandatory or not, witnesses/notarization are encouraged
This route, in many cases, will end up being much less expensive and less time-consuming than finding and working with your average law firm. If necessary, you may prepare this Advance Directive on behalf of your spouse or another family member, and then help that person sign after you've drafted it. Please keep in mind that for this document to be accepted as legally valid, the principal must be an adult who is mentally competent when they sign. In the event that the principal is already unable to make their own decisions, a conservatorship generally will be necessary. When managing such a situation, it's a good idea to talk to a lawyer .
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Why should I make an Advance Directive?
Everyone over 18 years old ought to have an Advance Healthcare Directive (both a Living Will and a Healthcare Power of Attorney) in place. Though it's tough to think about, a day might come when you are no longer able to make important decisions on your own. Here are some typical occasions in which it may be helpful to make or update your Advance Directive:
- You are aging or have declining health
- You currently live in or are planning to move into an adult care facility
- You are planning to undergo a medical procedure that requires anesthesia
- You have been diagnosed with a terminal condition
Regardless of whether your Delaware Advance Directive is being drafted as part of a long-term plan or created in response to a recent change in your health, notarization and witnesses will often help to protect your agent if their privileges are disputed.
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Do I need an attorney for my Advance Directive in Delaware?
Making an Advance Directive is typically simple; however, you or your agent might need legal advice. It can depend on whom you reach out to, but sometimes a lawyer may not even accept requests to review your document if they were not the one who worked on it. An easier approach worth consideration is to go through attorney services at Rocket Lawyer. If you become a Premium member, you will be able to request guidance from an experienced lawyer or pose additional legal questions related to your Advance Directive. Rocket Lawyer is here to help.
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What would it traditionally cost to make an Advance Directive in Delaware?
The cost of working with a traditional lawyer to write an Advance Directive could add up to anywhere between two hundred and one thousand dollars. Unlike many other websites that you may come across, Rocket Lawyer offers much more than an Advance Directive template. If you ever require assistance from a lawyer, your membership provides up to a 40% discount when you hire an attorney from our network.
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What are my next steps after drafting a Delaware Advance Directive?
With a Rocket Lawyer membership, you may make edits, save it as a Word or PDF file, and print it. When you are ready to finalize your Advance Directive, it needs to be signed. Your agent(s), care providers, and other impacted parties should get copies of your final document.
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Does an Advance Directive need to be notarized or witnessed in Delaware?
The requirements and restrictions vary in each state; however, in Delaware, your Advance Directive must be signed by two witnesses. The witnesses to your form should not be anyone who is responsible for your healthcare costs or who is affiliated with the healthcare facility that is providing your care. They should also not be your family members (including your spouse), heirs, or any other beneficiaries. As a basic principle, witnesses will need to be over 18 years old, and no witness should simultaneously be acting as your agent.
