Delaware Advance Health Directive Form


A Delaware advance health directive is a document created by an individual (the declarant) to give another person (the agent) the right to make medical decisions on their behalf. The agent can be responsible for making choices regarding the declarant’s surgery, treatment plans, resuscitation, organ donations, and more. They must follow the principal’s exact wishes as stated in the document and use their best judgment for unspecified care.

The declarant must be coherent and mentally healthy when completing the form for it to hold validity. Both parties must sign (with two (2) witnesses present) to indicate that they have agreed on the terms and conditions stated in the advance health directive.

A witness is someone who can verify that the declarant signed the document. In other words, they are confirming that someone has not forged the principal’s signature on the medical power of attorney. According to Delaware law, the witnesses cannot:

  • Be under eighteen (18) years old;
  • Be related to the declarant (by blood, adoption, or marriage);
  • Have guaranteed property from the declarant in a will or trust;
  • Have any claim against the declarant’s estate;
  • Be responsible for some or all of the declarant’s finances; and
  • Have a majority interest (ownership) in a medical facility treating the declarant OR cannot work at the facility in any capacity.

Laws: §§ 2501 to 2519

Signing requirements (§ 2503(b)(1)(d)): The declarant must sign in the presence of 2+ adult witnesses.