Make a Delaware Living Will

A Delaware living will allows you to name a health care agent and an alternate agent to make your medical decisions if you are no longer able to do so. Your named agent cannot be an owner, operator, or employee of a long-term healthcare facility where you are a patient or resident unless they are a family member related to you through marriage, blood, or adoption. A Delaware living will must also be signed by two witnesses. They must be at least 18 years old. They cannot be related to you by marriage, blood or adoption; an owner, operator, or employee of a long-term care facility where you are a resident; financially responsible for your medical care; have the legal right under Delaware law to file a claim against your estate; or be entitled to anything in your estate under inheritance laws.

A Delaware living will is just one part of the estate planning process that makes difficult decisions easier for your loved ones. However, it is not the same as a power of attorney for health care.

Delaware Living Will Laws

§2501: Delaware’s Health Care Decisions Act provides specific powers for living wills. To create a valid living will that provides instructions for your own health care in the future, you must be an adult of sound mind. Women who are pregnant may not create a living will.

You can download an Adobe PDF copy of the State's official advance health care directive from delaware.gov. Some of the decisions you can make using a living will include cardiopulmonary resuscitation, anatomical gifts, and artificial nutrition.

A Delaware living will is just one step in creating an estate plan. Another important step is to create a Delaware Last Will and Testament.