home *** CD-ROM | disk | FTP | other *** search
- #define.stb Definitions of legal terms
- #help.tut Extra help
-
- SUMMARY OF STATE LIVING WILL LEGISLATION
-
- DELAWARE
-
- Synopsis: Delaware has a weak living will statute. The statute
- provides for both a living will and a legal procedure for advance
- appointment through a Durable Power of Attorney of an "agent"
- who can determine which medical treatments should be used or
- withheld upon the person appointing the agent, should
- the principal become incapacitated. No form for the living will
- or "Durable Power of Attorney" is provided by the state statute.
- The statute does not require that the physician or hospital respect
- or implement the living will. To prepare both a living will and a
- durable power of attorney, please select these documents from the
- document preparation menu. Please also consider executing a
- living will for any State that you spend more than a few weeks
- per year, or where you are a temporary resident.
-
- Statute number: Delaware Code, Title 16, Section 2501-2509
- Statute title: "Delaware Death With Dignity Act"
-
- Governmental Agency to contact for more information: None specified
- The Division of Aging and the Public Guardian have certain
- responsibilities under the act and may be able to provide
- information
-
- A specific form of living will is not required
-
- Witness requirements: Number: 2 Relationship: Witnesses may
- not be related by blood or marriage, may not be directly responsible
- for the medical costs of the declarant, and must not have an interest
- or claim, whether liquidated or unliquidated in the declarant's
- estate and cannot be a hospital employee in a hospital which at that
- time is treating the declarant.
-
-
- Recording of the living will is not provided for.
-
- Revocation of the living will may be made by tearing, defacing,
- burning, etc. It may also be revoked by a separate document. It
- may be verbally revoked in front of two witnesses. The fact of
- revocation must be communicated to the hospital or doctor to
- be effective.