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Delaware Advance Directive

A Delaware Advance Directive is a legal document that outlines your wishes in relation to medical care, such as your refusal or acceptance of certain medical treatments or procedures, and/or the... Read more

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Making an Advance Directive in Delaware

  • What is a Delaware Advance Directive?

    A Delaware Advance Directive is a legal document that outlines your wishes in relation to medical care, such as your refusal or acceptance of certain medical treatments or procedures, and/or the naming of a chosen healthcare decision maker.

    The person making an Advance Directive is known as the "principal," while the individual or organization obtaining permission to carry out the principal's wishes is called the "agent." Suited for residents of Delaware, this Advance Directive is made for use in Sussex County, Kent County, New Castle County, and in any other part of the state. Any Delaware Advance Directive from Rocket Lawyer can be modified for your unique scenario. With this document on hand, your medical institutions will have a point of reference for your decisions, and your agent will be able to offer proof that they have been authorized to act in your interest when you are not able.

  • How do I make an Advance Health-Care Directive in Delaware?

    It is fast and simple to outline your medical wishes using a free Delaware Advance Directive template from Rocket Lawyer:

    1. Make your Advance Directive - Provide a few basic details, and we will do the rest
    2. Send and share - Review it with your healthcare agent or ask a legal question
    3. Sign and make it legal - Mandatory or not, witnesses/notarization are encouraged

    This route, in many cases, will end up being much less expensive and less time-consuming than finding and working with your average law firm. If necessary, you may prepare this Advance Directive on behalf of your spouse or another family member, and then help that person sign after you've drafted it. Please keep in mind that for this document to be accepted as legally valid, the principal must be an adult who is mentally competent when they sign. In the event that the principal is already unable to make their own decisions, a conservatorship generally will be necessary. When managing such a situation, it's a good idea to talk to a lawyer.

  • Why should I make an Advance Directive?

    Everyone over 18 years old ought to have an Advance Healthcare Directive (both a Living Will and a Healthcare Power of Attorney) in place. Though it's tough to think about, a day might come when you are no longer able to make important decisions on your own. Here are some typical occasions in which it may be helpful to make or update your Advance Directive:

    • You are aging or have declining health
    • You currently live in or are planning to move into an adult care facility
    • You are planning to undergo a medical procedure that requires anesthesia
    • You have been diagnosed with a terminal condition

    Regardless of whether your Delaware Advance Directive is being drafted as part of a long-term plan or created in response to a recent change in your health, notarization and witnesses will often help to protect your agent if their privileges are disputed.

  • Do I need an attorney for my Advance Directive in Delaware?

    Making an Advance Directive is typically simple; however, you or your agent might need legal advice. It can depend on whom you reach out to, but sometimes a lawyer may not even accept requests to review your document if they were not the one who worked on it. An easier approach worth consideration is to go through attorney services at Rocket Lawyer. If you become a Premium member, you will be able to request guidance from an experienced lawyer or pose additional legal questions related to your Advance Directive. Rocket Lawyer is here to help.

  • What would it traditionally cost to make an Advance Directive in Delaware?

    The cost of working with a traditional lawyer to write an Advance Directive could add up to anywhere between two hundred and one thousand dollars. Unlike many other websites that you may come across, Rocket Lawyer offers much more than an Advance Directive template. If you ever require assistance from a lawyer, your membership provides up to a 40% discount when you hire an attorney from our network.

  • What are my next steps after drafting a Delaware Advance Directive?

    With a Rocket Lawyer membership, you may make edits, save it as a Word or PDF file, and print it. When you are ready to finalize your Advance Directive, it needs to be signed. Your agent(s), care providers, and other impacted parties should get copies of your final document.

  • Does an Advance Directive need to be notarized or witnessed in Delaware?

    The requirements and restrictions vary in each state; however, in Delaware, your Advance Directive must be signed by two witnesses. The witnesses to your form should not be anyone who is responsible for your healthcare costs or who is affiliated with the healthcare facility that is providing your care. They should also not be your family members (including your spouse), heirs, or any other beneficiaries. As a basic principle, witnesses will need to be over 18 years old, and no witness should simultaneously be acting as your agent.

    Legal references for an Advance Directive in Delaware: Title 16, Ch. 25

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