What is a Delaware Medical Power of Attorney?
The individual giving permission is called the "principal," while the individual or entity obtaining powers is called the "agent." Designed for Delaware residents, our Power of Attorney for health care can be used in New Castle County, Sussex County, Kent County, and in every other county in the state. All Delaware Healthcare PoA forms from Rocket Lawyer can be modified for your particular scenario. Making this essential document will provide confirmation to healthcare facilities and other parties that your selected representative can act in your interest when you are not able.
When to use a Delaware Medical Power of Attorney:
- You've been diagnosed with a serious or terminal illness and are preparing for the future.
- You're healthy, but still want to legally appoint someone to make future medical decisions for you.
Delaware Medical Power of Attorney FAQs
How do I get Medical Power of Attorney in Delaware?
It's simple and easy to give or get the authority you might need using a free Delaware Medical Power of Attorney template from Rocket Lawyer:
- Make the document - Answer a few basic questions and we will do the rest
- Send and share - Discuss the document with your agent or ask a legal question
- Sign it and make it legal - Mandatory or not, witnesses and notarization are a best practice
This solution is, in most cases, notably less time-consuming than meeting and hiring your average lawyer. If needed, you may start a Medical PoA on behalf of a family member, and then have them sign after you've drafted it. Please remember that for a PoA form to be accepted as valid, the principal must be an adult who is mentally competent at the time of signing. If the principal is already incapacitated and unable to make their own decisions, a court-appointed conservatorship generally will be necessary. When managing such a scenario, it is important for you to connect with an attorney .
Who should have a Power of Attorney for healthcare in Delaware?
Every adult should have a Medical Power of Attorney. Though it is unpleasant to think about, a day may come when you are no longer able to make healthcare decisions on your own. Here are some typical circumstances in which a PoA might be helpful:
- You are getting older or dealing with ongoing health issues
- You reside in or are planning to move into a care facility
- You are facing the possibility of a medical procedure or a hospitalization
- You are managing a terminal condition
Regardless of whether your Delaware Medical Power of Attorney is being created in response to an urgent issue or as part of a long-term plan, witnesses and notarization are strongly recommended as a best practice for protecting your agent if their authority is questioned.
What is the difference between a Delaware Healthcare Proxy and a Delaware Medical Power of Attorney?
At times, in researching the topics of elder care and estate planning, you or a loved one may hear the terms "healthcare power of attorney", "medical power of attorney" and "healthcare proxy" being used together. In reality, they're the same. That said, you should keep in mind that it's entirely possible to get agency over matters that are not related to health care. In that case, "proxy" usually is not the term of choice.
Do I need to hire an attorney for my Delaware Medical PoA?
Delaware Medical PoA forms are generally simple; however, you or your agent might need advice. Getting another pair of eyes on your document may take a long time on your own. Another approach would be through the Rocket Lawyer On Call® attorney network. Rocket Lawyer members are able to request guidance from an Rocket Lawyer network attorney with relevant experience or get answers to additional legal questions. As always, you can be confident that Rocket Lawyer is here by your side.
What would it normally cost for a lawyer to help me get a Power of Attorney form for health care in Delaware?
The fees associated with meeting and hiring your average lawyer to generate a Medical Power of Attorney might range between $200 and $500, depending on your location. Rocket Lawyer can offer much more protection than many other Power of Attorney template websites that you may find elsewhere. As a Rocket Lawyer Premium member, you can get up to a 40% discount when hiring an attorney.
Are there any additional steps that I should take once I draft a Delaware Medical Power of Attorney?
As a Rocket Lawyer member, you will be able to edit it, save it in PDF format or as a Word file, and/or print it. In order to finalize your Power of Attorney, it must be signed. You should be sure to send a final copy of your fully signed document to your agent(s) and care providers.
Does a Medical Power of Attorney need to be notarized, witnessed, and/or recorded in Delaware?
The requirements and restrictions governing PoA forms vary in each state; however, in Delaware, your Power of Attorney will require the signatures of 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 general rule, your witness(es) will need to be 18 years old or older, and none of them should also be your agent.
See Delaware Medical/Healthcare Power of Attorney law: Title 16, Ch. 25