A Living Will
16 Del. C. § 2508 — a health care agent named in a signed record with an adult witness, and revoked by any clear act
A person may write a health care instruction stating preferences for future care: who treats them, how decisions are made, who should be consulted, and who would serve as guardian or default surrogate.
Naming an agent. A power of attorney for health care is a record signed by the person and by an adult witness who believes the act voluntary and knowing, is present in person or by real time audio and video, and is not the agent or the agent's spouse, partner or cohabitant.
- An agent's health care decision takes effect without court approval.
- A person a court finds dangerous to the individual, or one under a protection from abuse order, cannot serve as agent, nor can a nursing home's staff unless family.
- The person may revoke an appointment or instruction by any act that clearly shows the intent, including telling a health care professional.
A particular directive is a question for a licensed Delaware attorney.
Sources for this section (3)
- 16 Del. C. § 2507 — Health-care instruction
- 16 Del. C. § 2508 — Power of attorney for health care
- 16 Del. C. § 2515 — Revocation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.