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.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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