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DE.SUM
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1993-01-06
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#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.