Are Advance Directives Mandatory?

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Are Advance Directives Mandatory?

Completing an Advance Health Care Directive form is strictly voluntary. If you have not given advance instructions for your health care or have not named an agent in a health care power of attorney and you become unable to make your own decisions, a surrogate will be asked to make those decisions for you. The persons listed below would be asked to assume the role of surrogate in the following order of priority: spouse, adult child, parent, adult brother or sister, adult grandchild, an adult who has exhibited special care and concern for you, if appointed as guardian for that purpose by the Court of Chancery.

Other Delaware Estate Planning FAQs

Q: Do I Need A Lawyer To Complete My Advance Directive Or Living Will?
A: No, you do not need a lawyer to complete your advance directive or living will. However, you may want to consult a private attorney before filling out your advance … More
Q: What Is A Living Will?
A: It is another name for "advance health care directive."
Q: What Is A Durable Power Of Attorney For Health Care?
A: Delaware's Advance Health Care Directive Form allows you to name another individual as an "agent" to make health care decisions for you if you become incapable of … More
Q: Who Witnesses The Signing Of An Advance Directive?
A: Two people must witness the signing of your advance directive form. Although it is not required, it is recommended that you also sign in the presence of a notary … More
Q: What Should I Do With My Advance Directive Once I Complete It?
A: You should retain your original completed and signed Advance Health Care Directive give a copy of the form to your physician and to any other health care providers … More
Q: Can I Revoke My Advance Directive?
A: Yes. You have the right to revoke your advance health care directive or replace it at any time.