An advance directive is a legally binding document that gives instructions for your healthcare in the event that you are no longer able to make or communicate those decisions yourself. Laws and instructions differ by state. Learn more about the basics of advance directives and advance care planning.
Below you will find the advance directive template for Delaware.
Instructions for Downloading the Advance Directive Template
- Opening a PDF requires a file viewer such as Adobe Acrobat Reader or MacOS Preview.
- If you already have this software installed on your computer, click on your state to proceed.
- Due to formatting and printing requirements, for some states a blank page will appear in the Acrobat Reader as the first page. This does not mean the document has not loaded correctly.
- Use the reader’s navigational toolbar to go to the next page.
- Once completed, save and print the form, or store it digitally. If using paper, you should scan the form and save it everywhere you can – including your phone – and distribute them to your inner circle, your physician, and anyone else you think should have it.
What happens if you do not have an Advance Directive in Delaware and are unable to speak for yourself
The decision-maker is decided by order of priority:
- A spouse, unless a petition for divorce has been filed
- An adult child
- A parent
- An adult sibling
- An adult grandchild
- An adult niece or nephew
- An adult aunt or uncle
Any one against whom the patient has filed a petition for Protection from Abuse or the subject of an order prohibiting contact is disqualified.
If none of the individuals above are available, an adult, other than a paid caregiver, who has “exhibited special care and concern,” “is familiar with the patient’s personal values,” and is reasonably available may make decisions related to treatment. Status must be confirmed by affidavit.
16 DE Code §2507
Note that in many states, there are separate requirements related to minors, specific types of treatment (such as mental healthcare or medical research), or for pregnant women. These more specific provisions are beyond the scope of this information. Some states will also allow for an oral designation of an agent. The purpose of this information is to help you plan ahead for when you may not be able to make a decision for yourself, so it does not address oral designations.
