{"id":372418,"date":"2016-03-31T21:34:51","date_gmt":"2016-04-01T02:34:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-living-wills-laws.html"},"modified":"2016-06-20T19:50:19","modified_gmt":"2016-06-21T00:50:19","slug":"delaware-living-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-living-wills-laws.html","title":{"rendered":"Delaware Living Wills Laws"},"content":{"rendered":"\n
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Delaware Living Wills Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You hope you never need a living will. But in the unthinkable case when someone we love becomes incapacitated and needs medical attention, it\u2019s always best to have a plan in place to make the important decisions in his or her life. A living will can provide such a plan. This is a brief summary of living wills laws in Delaware.<\/p>\n

Living Wills Laws<\/h2>\n

Under state law, living wills<\/a> function a little differently from the wills we normally think of. Instead of bequeathing a person\u2019s property and possessions, a living will is a legally binding document that can state a person\u2019s medical treatment preferences, should they become unable to do so.<\/p>\n

Delaware Living Wills Statutes<\/h2>\n

Living wills statutes in Delaware are highlighted in the chart below.<\/p>\n\n
Code Section<\/td>\n16 \u00a72501, et seq. Health Care Decisions<\/td>\n<\/tr>
Specific Powers, Life-Prolonging Acts<\/td>\nRight to refuse medical or surgical treatment via written declaration instructing any physician to cease or refrain from medical or surgical treatment<\/td>\n<\/tr>
Legal Requirements for Valid Living Will<\/td>\n(1) Legally adult, competent, of sound mind; (2) written declaration; (3) declarant in terminal condition confirmed in writing by 2 physicians; (4) signed by declarant or another person in declarant’s presence and at his express direction; (5) dated; (6) 2 or more adult witnesses who state in writing that they are not prohibited from being a witness; (7) not pregnant<\/td>\n<\/tr>
Revocation of Living Will<\/td>\nRevocable in whole or in part by individuals who are mentally competent through (1) a signed writing, (2) a communication of intent to revoke made in the presence of two competent persons, one of whom is a health care provider, or (3) a superceding advanced health care directive. Initiation of emergency treatment suspends an advance health-care directive while receiving such emergency treatment. A decree of annulment, divorce, dissolution of marriage or a filing of a petition for divorce revokes a previous designation of a spouse as an agent unless otherwise specified in the decree or in a power of attorney for health care.<\/td>\n<\/tr>
Validity from State-to-State<\/td>\nDeclarations executed in other states are valid if valid in that state<\/td>\n<\/tr>
If Physician Unwilling to Follow Living Will<\/td>\n–<\/td>\n<\/tr>
Immunity for Attending Physician<\/td>\nPhysicians or nurses acting in reliance on properly executed document are presumed to be acting in good faith and there is no civil or criminal liability or discipline for unprofessional conduct.<\/td>\n<\/tr><\/tbody><\/table>\n

Delaware Living Wills Laws: Related Resources<\/h2>\n

Trying to plan for the future illness or death of a loved one is difficult. If you would like legal assistance in setting up a living will, you can contact a Delaware estate planning attorney<\/a>. You can also find visit FindLaw\u2019s living wills<\/a> section for more articles and resources on this topic, including a sample living will form<\/a> and a sample living will with designation of a surrogate form<\/a>.<\/p>\n

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