A health care directive is a type of living will (sometimes referred to as an “advance directive”). It allows you to make treatment choices in case you ever become medically unable to make them in the future.

To complete your health care directive, you should decide whether you would request or refuse life-prolonging procedures in the event of a terminal condition. Consider such treatments as artificial nutrition, artificial hydration, cardiopulmonary resuscitation (CPR), and others. It can be difficult to make these medical decisions in advance, but it might help to talk them over with a trusted doctor and your loved ones.

Through your health care directive, you can also decide whether you would wish to leave anatomical gifts or donate bodily organs after your death. There is no requirement to be an organ donor. This decision, as well as your other health care decisions, is highly individualized. Your decisions will come down to your personal preferences and beliefs.

In addition to creating a health care directive, you may want to name someone to make medical choices for you. This person is known as a health care agent. According to chapter 25 of the Delaware statutes, you can name one through a document called a durable power of attorney for health care. This is another type of advance health care directive. In the event that you become unable to give informed consent on medical choices, your agent will be able to choose treatments on your behalf.

When selecting a health care agent, you should consider whether they understand your treatment preferences. You should talk to them to make sure that they know how you feel about end-of-life care and other medical procedures you feel strongly about. It’s also important to consider whether this person can be assertive. They may need to advocate for your health care wishes to your family members and medical staff.

Finally, you should be aware of restrictions under Delaware law on who may legally act as your health care agent. You may not choose someone who owns, operates, or works at a residential health care institution where you receive medical treatment. The only exception to this would be if the person is a relative of yours.

According to chapter 25 of the Delaware statutes, you must sign your advance health care directives or direct someone to sign them for you. There must be two or more adult witnesses present to observe your signature.

However, the following individuals are not permitted to act as witnesses:

• Individuals who are related to you by blood, adoption, or marriage
• Anyone who may have a claim against your estate (creditors)
• Individuals who are financially responsible for your medical treatment
• Anyone who owns, operates, or works at a health care institution where you are a patient

Your witnesses must state in writing that they do not fall into the any above categories. This shows that they are not disqualified from witnessing your advance directives.

After you have signed your advance health care directives, you need to make sure that they end up in the right hands. Of course, if you named a health care agent, you should give them a copy of your health care directive. This will help them to understand your treatment preferences and gives them a document to reference if necessary.

Next, you should give your close loved ones copies in case they accompany you during an emergency situation.

Finally, you should give your health care providers copies of your advance health care directives. This allows them to update your medical record to reflect your choices.

A good rule of thumb is to update your health care directive every few years at least. This will help to ensure that it continues to reflect your health care preferences. However, you may need to modify your document sooner if you go through certain significant life events.

Major life events that might cause you to reconsider your estate plan include:

• a new diagnosis
• a divorce
• an interstate move

If you purchase a health care directive through FindLaw, you can relax knowing that you can make unlimited updates to your document for a full year after purchase.