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DELAWARE LEGAL INFORMATION
Living Will (Advanced Medical Directive)-- Links and Statutes
Witnesses: Two witnesses are necessary to the signature of the maker;
Who may be a witness? Under the statute, an individual is prohibited from acting as a witness to the signing of a Living Will if he or she:
- Is related to the declarant by blood, marriage or adoption;
- Is entitled to any portion of the estate of the declarant under any will or trust of the declarant or codicil thereto then existing nor, at the time of the executing of the power of attorney for health care, is entitled thereto by operation of law then existing;
- Has, at the time of the execution of the advance health care directive, a present or inchoate claim against any portion of the estate of the declarant;
- Has a direct financial responsibility for the declarant's medical care; or
- Has a controlling interest in or is an operator or an employee of a health care institution at which the declarant is a patient or resident.
See Del. Stat. Title 16, Ch. 25, Section 2503(b)(1)(d).
Notary: There is no express provision in the Delaware statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;
Must health care agent sign form? No requirement that health care agent sign form;
Delaware Statute with Living Will requirements: Del. Stat., Title 16, Ch. 25, Section 2503, See also Section 2505 for suggested form for Living Will.
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