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A Delaware living will explains how you want your medical care handled if you are no longer able to make those decisions for any reason. A Delaware living will allows you to name an 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 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 to file a claim against your estate; or be entitled to anything in your estate under inheritance laws.
§2501: Delaware’s Health Care Decisions Act provides specific powers for living wills. To create a valid living will, an individual must be an adult of sound mind. Women who are pregnant may not create a living will.
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.