Delaware Healthcare Forms - Advance Directive Delaware

We offer thousands forms dealing with healthcare. Some of the forms offered are listed by area below. For others, please use our search engine.

State Laws Delaware Healthcare

All States allow a person to make decisions concerning their health care.  A Medical Health Care Directive allows a person to make decisions about future health care in the event that the person is unable to state his or her desires at the time the decision is necessary.  All State laws vary, but the instruments generally used are a (1) Power of Attorney for Health Care, sometimes called a Medical Power of Attorney or Health Care Proxy, and a (2) Living Will.

Power of Attorney for Health Care
A Power of Attorney for Health Care allows you to appoint a person to make medical decisions for you in the event you are unable to do so.

Living Will
A Living Will is an instrument that puts in writing your wishes concerning medical treatment in the event you are unable to make the decision.  An example would be your decision to withhold life support if you are determined to be terminally ill.

Locate Medical Forms - You can search for health care directives, Power of Attorneys for health care, or Living Wills  for your State by using the following searches:
Power of Attorney - Look for the word "medical" or "health" in the form title.
Living Will

Also available - Elder Law Questionnaire, Estate Planning Questionnaire, Living Will Questionnaire.

Health Care FAQ Delaware Healthcare Power Of Attorney

What is a Power of Attorney? A power of attorney is an instrument containing an authorization for one to act as the agent of the principal that terminates at some point in the future either by its terms or by operation of law such as death of the principal or agent. These have also been called letters of attorney.  The person appointed is usually called an Attorney-in-Fact. The person making the power of attorney appointment is called the principal.

What are the types of Power of Attorney forms available? Power of Attorney forms are available as follows: Child Care, Durable, General, or Limited/Special.

What is a Durable Power of Attorney? A durable power of attorney is a power of attorney that remains or becomes effective upon the principal's becoming incompetent or unable to manage his or her affairs.

What is a Durable Power of Attorney for Health Care? A durable power of attorney for health care is a power of attorney where the principal appoints an agent to make health care decisions for the principal and it remains effective even after the incompetence of the principal.  It is often used as a form of advance health care directive.  Compare this to a living will where the person states his or her wishes in case of medical treatment.

What is a General Power of Attorney? A general power of attorney is a power of attorney authorizing the agent to carry on business or an enterprise for the principal and usually has broad powers.

What is a Special or Limited Power of Attorney? A special or limited  power of attorney is a power of attorney authorizing the agent to carry out a particular business or transaction for the principal.

What is a Living Will Directive? A living will directive provides instructions to your physicians and family members regarding life prolonging treatment and artificially provided nutrition and hydration to be provided to the grantor if he or she no longer has the decisional capacity, a terminal condition, or becomes permanently unconscious.

What is an anatomical gift? An anatomical gift allows the donor to designate specific body parts and organs that he or she wishes to donate at the time of death.


How to Fill in a Medical Power of Attorney in Delaware

To fill out a Medical Power of Attorney in Delaware, you can follow a few simple steps. Firstly, obtain the form from the Delaware Department of State or consult an attorney for assistance. Begin by entering your personal information, including your full name and address. Next, appoint a trustworthy person to be your healthcare agent. Make sure to provide their full name, address, and contact information. It is important to discuss your medical wishes with this person beforehand, ensuring they understand your choices and preferences. You can also add any specific instructions or limitations you want to include. Lastly, sign and date the form in front of a notary public or two adult witnesses. Keep a copy for yourself and share copies with your healthcare agent, primary care physician, and loved ones. Remember, it's crucial to update the Medical Power of Attorney if your preferences or agent changes.


Download a Delaware Power of Attorney for Health Care

If you reside in Delaware and want to make sure your health care decisions are followed as you desire, one useful document you can download is the Delaware Power of Attorney for Health Care +. This legal form allows you to appoint someone you trust as your health care agent to make decisions on your behalf if you become incapable of doing so. By having this document in place, you can ensure that your medical preferences and wishes are respected and followed, giving you peace of mind.


Step 1: Choose an agent

The first step in our journey is to select an agent in Delaware. What does this mean exactly? Well, it means we need to find someone who can represent us and act on our behalf in legal matters. They will assist us in navigating the complexities of Delaware's laws and regulations. It's like having a trustworthy sidekick who knows all the ins and outs of the state. So, let's take our time to carefully choose an agent who understands our goals and can effectively advocate for us in Delaware.


Who can’t be your agent?

In Delaware, there are certain types of individuals who cannot act as your agent. This includes individuals who are under 18 years of age, as they are considered minors and may not have the necessary legal capacity to fulfill the responsibilities of an agent. Additionally, individuals who have been disqualified or barred from acting as an agent by a court or through a legal proceeding are also unable to serve as your agent. It's important to choose an agent who meets the legal requirements and is capable of representing your interests effectively.


Can you have more than one agent?

Yes, you can have more than one agent in Delaware. Having multiple agents means you can appoint different people or entities to act on your behalf for different purposes. For example, you may choose one agent to handle your financial matters and another agent to handle your healthcare decisions. This allows each agent to focus on their specific responsibilities and expertise. Delaware law permits individuals to name multiple agents in powers of attorney, guardianship, or other legal documents, providing flexibility and ensuring that your interests are represented in the way you desire.