A Delaware medical power of attorney is a document that enables you to appoint another person (“agent”) to make medical decisions on your behalf if you become incapacitated. In Delaware, a medical power of attorney is also called an advance health care directive and indicates your wishes regarding end-of-life care and organ donation.
Laws
- Statute: Title 16 (Health and Safety), Chapter 25 (Health-Care Decisions) of the Delaware Code.
- Signing Requirements: Delaware’s medical power of attorney must contain your signature and those of two witnesses. A notary signature on its own is not considered adequate. If you cannot sign, you can direct another person to sign the form on your behalf (16 Del. C.§ 2503 (b)).
- Revocation: You can revoke the document by signing a revocation of power of attorney, or by communicating your wish to two competent individuals (including one health care provider), or through annulment, divorce, filing of a dissolution of marriage petition (if the agent is your spouse), or by executing a new medical power of attorney (16 Del. C.§ 2504).
Sample
Below is an example of a Delaware medical power of attorney form you can download.
