http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Delaware/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Delaware/what-is-a-living-will.html It is another name for "advance health care directive." Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Delaware/are-advance-directives-mandatory.html 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. Delaware Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Delaware/can-i-revoke-my-advance-directive.html Yes. You have the right to revoke your advance health care directive or replace it at any time. Delaware Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Delaware/do-i-need-a-lawyer-to-complete-my-advance-dir.html 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 directive, or if you want to make modifications to it. The advance directive form needs to be signed in the presence of witnesses and it is recommended, although not required, that it also be signed in the presence of a notary. An advance directive is established by completing an Advance Health Care Directive Form. An advance directive enables you to give instructions about your own health care. Delaware Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Delaware/what-is-a-durable-power-of-attorney-for-healt.html 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 making your own decisions. Delaware Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Delaware/what-should-i-do-with-my-advance-directive-on.html 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 that you have. You should also give a copy the person that you have named as your health care agent. It would be a good idea talk to that person and make sure that he or she understands your wishes and is willing to take responsibility. In addition, you may want to give copies to other family members and close friends. Delaware Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Delaware/who-witnesses-the-signing-of-an-advance-direc.html 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 public. A witness cannot be anyone who: is related to you by blood, marriage, or adoption, is entitled to any portion of your estate, has a claim against any portion of your estate, has a direct financial responsibility for your medical care, has a controlling interest or is an employee of a residential facility in which you reside, is under 18 years of age. If you are a resident of a long term residential health care facility, one of the witnesses must be a patient advocate or ombudsman designated by the Division of Services for Aging and Adults with Physical Disabilities or the Public Guardian. 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