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Fillable Living Will Template for Delaware State

Name: Delaware Living Will Template ⇒ Download PDF Form
Brand: Living Will
Rating: 4.680628 (191 reviews)

A Delaware Living Will form is a legal document that allows individuals to express their wishes about medical treatment in the event that they are unable to communicate these decisions themselves. This document can serve as a guide for family members and healthcare providers, ensuring that the individual’s preferences regarding end-of-life care are respected. For those ready to take this important step in planning for the future, fill out the Delaware Living Will form by clicking the button below.

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Outline

In the realm of end-of-life planning, the importance of having a documented set of wishes cannot be overstated. The Delaware Living Will form serves as a critical instrument, allowing individuals to express their preferences concerning medical treatment in the event they are no longer able to make decisions for themselves due to severe illness or incapacity. This document not only empowers people to maintain control over their health care choices but also relieves family members and healthcare providers of the burden of making difficult decisions during emotionally charged moments. Within this structured framework, individuals can outline specific directives regarding the use of life-sustaining measures, including artificial life support and other medical interventions. Furthermore, the form provides space for the designation of a Health Care Power of Attorney, enabling the appointment of a trusted person to act as an advocate and make health care decisions that align with the expressed wishes of the individual. Designed with clarity and specificity in mind, this legal document is a testament to the value of proactive planning, underscoring the individual's right to dictate their medical treatment and ensuring that their voice is heard at a critically vulnerable time.

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Delaware Living Will Template

This Delaware Living Will is made in accordance with the Delaware Advance Health Care Directive Act. It allows you to express your wishes regarding medical treatment in the event you are unable to communicate or make decisions for yourself.

Part I: Information

Full Name: ________________________________________________________

Date of Birth: ________________________

Address: __________________________________________________________

City: ________________________ State: DE Zip Code: ________________

Part II: Health Care Directives

This section outlines your desires concerning medical treatment under certain circumstances.

Terminal Condition: If I am in a terminal condition, I direct that my health care providers:

______ withhold or withdraw treatment that only prolongs the process of dying;
______ provide treatment only to relieve pain and discomfort;
______ provide all other care necessary to keep me comfortable.

Permanent Unconsciousness: If I am determined to be permanently unconscious, I direct that:

______ no life-sustaining treatment be provided, including nutrition and hydration;
______ treatment for relief of pain or discomfort be provided as needed.

Other Directions: ___________________________________________________________

_________________________________________________________________________

Part III: Primary Physician

Primary Physician's Name: ___________________________________________

Phone Number: ________________________

Address: ___________________________________________________________

City: ________________________ State: DE Zip Code: _________________

Part IV: Signature

I understand that I can revoke this directive at any time. I am aware that my directive will only be effective when it is communicated to my health care provider. I affirm that I am of sound mind and that I fully understand the implications of this document.

Signature: ________________________________ Date: _________________

Witness: _________________________________ Date: _________________

Address of Witness: _______________________________________________

Part V: Notarization (Optional)

This section is completed by a notary public to validate the identity of the signer.

Notary Public Signature: ___________________________________________

Commission Expiration: _____________________________________________

Seal:

▼ Living Will File

File Details

Fact	Description
Name of Document	Delaware Living Will
Purpose	Specifies an individual's health care preferences in case of incapacitation
Governing Law	Delaware Code Title 16, Chapter 25
Who Can Make One	Any individual of sound mind and 18 years or older
Required Witnesses	Two witnesses, neither of whom is a beneficiary, healthcare provider, or likely to gain financially after the declarant's death
Revocation	Can be revoked at any time by the declarant, in any manner that communicates intent to revoke
Notarization	Not required, but notarization may add legal robustness
Validity in Other States	If it complies with Delaware law, it may be considered valid in other states that recognize living wills

Detailed Instructions for Filling Out Delaware Living Will

When an individual decides to prepare a Delaware Living Will, they are taking a significant step towards ensuring their healthcare preferences are respected, even when they can no longer communicate their wishes directly. This document allows a person to outline their desires regarding medical treatment and end-of-life care, providing clarity and peace of mind for both themselves and their loved ones. Getting started with this task requires a thoughtful approach, as one navigates through the process of reflecting on personal values and healthcare wishes. The following steps are designed to assist in the smooth and thoughtful completion of a Delaware Living Will form.

Begin by gathering all necessary personal information, including your full legal name, date of birth, and address. This ensures the document is accurately associated with you.
Review the form to familiarize yourself with its sections and the types of decisions you'll need to make. This preparatory step is crucial for a clear understanding of your options.
Decide on your healthcare agent, if you choose to appoint one. This person will have the authority to make healthcare decisions on your behalf, in accordance with your wishes, should you become unable to do so.
Clearly articulate your wishes regarding life-sustaining treatment. This includes treatments that extend your life, such as mechanical ventilation, tube feeding, and dialysis. Specify under what conditions you would want or not want these treatments.
Determine your preferences for pain relief and comfort care. Indicate the extent to which you want medications or interventions used to ease pain, even if these might hasten the process of dying.
Address your wishes regarding artificial nutrition and hydration. Decide if and when you would want to receive food and water through medical means.
Contemplate and specify your preferences for the donation of organs and the final disposition of your body. This includes considerations such as organ donation for transplantation, research, and whether you prefer burial or cremation.
Review the entire document to ensure your wishes are clearly stated and reflect your true intentions. It is advisable to discuss your decisions with a healthcare provider to ensure your instructions are understood and can be effectively implemented.
Sign and date the form in the presence of the required witnesses or a notary public, as specified by Delaware law. This step legally validates the document.
Finally, distribute copies of the completed Living Will to your healthcare agent (if applicable), family members, primary care physician, and any other relevant healthcare providers. Keep the original document in a safe but accessible place.

With the steps completed, your Living Will now serves as a legal guide to your healthcare preferences, ensuring your voice is heard even when you cannot speak for yourself. It is also a gift to your loved so they are not left guessing about your desires during an emotionally taxing period. As life circumstances change, remember that this document can and should be reviewed and updated to reflect your current wishes and situation.

Your Questions, Answered

What is a Delaware Living Will?

A Delaware Living Will is a legal document that allows an individual to outline their preferences regarding medical treatment and interventions in situations where they are unable to communicate their decisions themselves, due to severe illness or incapacity. This document is used to guide healthcare providers and loved ones on how to proceed with medical care, especially in end-of-life situations.

Who should have a Delaware Living Will?

Any person aged 18 or older who wishes to have control over their medical treatment should consider creating a Living Will. In Delaware, it's especially important for those who have strong preferences about the types of medical care they wish to receive or avoid if they become unable to make decisions for themselves.

How can I create a Delaware Living Will?

To create a Living Will in Delaware, an individual must fill out the standard form or provide a written statement detailing their health care preferences. This document must be signed in the presence of two witnesses who are not the individual's healthcare provider or related to the individual by blood, marriage, or adoption. It's advisable to consult with a legal professional to ensure the document accurately reflects the person's wishes and complies with Delaware laws.

What happens if I don't have a Living Will and I become incapacitated?

Without a Living Will, decisions about your medical care will be left to your closest relative or, in the absence of family, to your healthcare providers. This could result in treatments being carried out or withheld in a manner that you might not have wanted. It can also lead to disputes among loved ones about the best course of action. Having a Living Will helps to ensure that your healthcare wishes are known and followed, reducing the burden on your family during a difficult time.

Can I change my Delaware Living Will once it's been created?

Yes, a Delaware Living Will can be modified or revoked at any time by the creator as long as they are competent to do so. To change a Living Will, it is recommended to create a new document that reflects the current healthcare preferences, and destroy all copies of the old document. To revoke a Living Will, it can simply be destroyed, or a written revocation can be created and distributed to anyone who was given a copy of the original will. However, it's crucial to inform your healthcare providers of any changes to ensure your medical treatment aligns with your wishes.

Common mistakes

When individuals set out to complete a Delaware Living Will form, several common missteps can significantly impact their intended outcomes. These errors, often rooted in oversights or misunderstandings, underscore the importance of meticulous attention to detail and a deep understanding of the document's implications.

Not specifying preferences clearly: Many individuals fail to articulate their healthcare wishes with clarity. Ambiguity in expressing one's desires regarding life-sustaining treatments or end-of-life care can lead to interpretations that may not align with their genuine preferences, potentially resulting in unwanted medical interventions.
Failing to update the document: Life circumstances and medical preferences evolve, yet people often neglect to revise their Living Will accordingly. Such oversight means the document might not reflect current wishes, posing challenges during critical healthcare decisions.
Overlooking the need for witnesses or notary: Delaware law requires Living Wills to be either witnessed or notarized, a step some individuals miss. This oversight can render the document legally non-binding, undermining its purpose.
Not discussing the document with healthcare providers: Simply completing a Living Will is not sufficient; communication with healthcare professionals is essential. When individuals fail to share their Living Will with their doctors, the risk of their wishes being overlooked increases.
Choosing an inappropriate agent: The decision to appoint a healthcare agent or proxy requires careful consideration. Selecting someone who is either unwilling or unable to advocate effectively on one's behalf is a critical mistake.
Ignoring state-specific requirements: While completing the Delaware Living Will form, it is crucial to adhere to the state's specific legal mandates. Neglect in this aspect can lead to the document's non-compliance, hindering its enforceability.
Not distributing copies to relevant parties: A common but avoidable mistake is not providing copies of the completed form to key individuals such as family members, healthcare agents, and primary healthcare providers. Failure to do so can result in significant challenges when the document is needed most.
Misunderstanding the scope of the document: Some individuals have misconceptions about the extent to which a Living Will can dictate their healthcare. It is important to understand that this document specifically addresses end-of-life decisions rather than all medical treatment preferences.
Lack of legal advice: Lastly, not seeking legal advice when completing a Living Will is a notable oversight. Legal counsel can provide valuable insight into the document’s implications, ensuring that it accurately reflects one's wishes and complies with state laws.

To sum up, the process of completing a Delaware Living Will form is fraught with potential pitfalls. Individuals must proceed with care, ensuring that their decisions are informed, their documents are legally compliant and up-to-date, and their healthcare wishes are clearly communicated to all relevant parties. Avoiding these mistakes can play a critical role in ensuring that one's healthcare preferences are respected and fulfilled.

Documents used along the form

Creating a comprehensive plan for future healthcare wishes involves more than just completing a Living Will. In Delaware, as in many states, individuals often use a set of legal documents to complement their Living Will, ensuring their healthcare preferences are thoroughly documented and respected. These forms work together to provide a clear, comprehensive directive to healthcare providers and loved ones. Below is a list of documents that are commonly used alongside the Delaware Living Will form to address various aspects of healthcare planning and personal wishes.

Durable Power of Attorney for Health Care (DPOA-HC): This document allows an individual to appoint a healthcare proxy or agent to make healthcare decisions on their behalf if they become unable to communicate their wishes directly.
Do Not Resuscitate (DNR) Order: A DNR order instructs healthcare providers not to perform CPR if an individual's breathing stops or if their heart stops beating.
Organ and Tissue Donation Form: This form specifies an individual's wishes regarding organ and tissue donation upon death and can include specific instructions about which organs and tissues may be donated and for what purposes (e.g., transplantation, research).
Financial Power of Attorney: Although not directly related to healthcare, a financial power of attorney grants a designated person the authority to make financial decisions and manage financial affairs on behalf of the individual, which can be critical during long-term illness or incapacity.
Advance Directive for Mental Health Treatment: This specifies an individual’s preferences for psychiatric treatment, including preferences for medications, hospitalization, and the use of restraint or seclusion in situations of severe mental health crises.
POLST (Physician Orders for Life-Sustaining Treatment): A POLST form converts an individual’s wishes regarding end-of-life care and other advanced directives into physician orders, ensuring that these wishes are followed by healthcare professionals.
Medical Information Card: Carrying a medical information card in a wallet or purse, which lists an individual's significant medical conditions, allergies, medications, and emergency contacts, can be crucial in an emergency situation where the individual cannot communicate.
FUNERAL DIRECTIVE: Allows an individual to outline their preferences for their funeral arrangements, including burial or cremation, type of ceremony, and specific instructions regarding the disposition of their remains.

Guardianship Designation: This legal document enables an individual to designate a guardian to make decisions on their behalf, both healthcare and financial, should they become legally incompetent to do so themselves.

Integrating these documents with a Living Will can offer peace of mind and clarity for all involved, ensuring that an individual's healthcare and personal wishes are honored. It is advisable to consult with a legal professional when preparing such documents to ensure they are properly executed and reflect the individual’s wishes accurately. This careful planning can significantly ease the burden on family members and healthcare providers during challenging times.

Similar forms

The Delaware Living Will form is similar to other forms that allow a person to express their wishes regarding medical treatment if they're unable to communicate those wishes themselves due to severe illness or incapacity. These documents play a pivotal role in end-of-life planning, ensuring that an individual's preferences are honored without putting undue stress on family members to make difficult decisions. Among these documents are the Medical Power of Attorney and the Do Not Resuscitate (DNR) order, each with its unique focus yet parallel purpose.

The Medical Power of Attorney shares similarities with the Delaware Living Will as it allows an individual to appoint a trusted person to make health care decisions on their behalf if they are incapacitated. While the Living Will focuses on specific instructions for end-of-life care, such as whether to receive life-sustaining treatments, the Medical Power of Attorney covers a broader range of medical decisions beyond end-of-life care, and becomes effective under the circumstances specified by the creator. This designation ensures that someone who understands the individual's wishes can make informed decisions across a variety of medical situations, not just those related to life support or terminal illness.

The Do Not Resuscitate (DNR) Order, although narrower in scope, is another directive that shares a common goal with the Delaware Living Will. A DNR specifically instructs medical personnel not to perform CPR (cardiopulmonary resuscitation) if the person's breathing stops or if their heart stops beating. Unlike a Living Will, which can address a range of life-prolonging treatments, a DNR focuses solely on the actions to take (or not take) in the event of cardiac or respiratory arrest. It is often used by individuals with a terminal illness or those in a permanently unconscious state who wish to avoid aggressive measures that might prolong their dying process.

Dos and Don'ts

Filling out the Delaware Living Will form is an important step in making sure your healthcare wishes are respected. To ensure the process goes smoothly, here are some dos and don'ts to keep in mind.

Do:

Read through the entire form before you start filling it out to make sure you understand all the parts.

Use a pen with black or blue ink to ensure the document is legible and can be copied without issues.

Discuss your decisions with a healthcare provider if you have questions about medical terms or treatments mentioned in the form.

Make sure to sign the form in the presence of the required witnesses or a notary public, as per Delaware law.

Don't:

Leave any sections blank that apply to your wishes; if a section is not applicable, write "N/A" to indicate this.

Use pencil or any other erasable writing tool, as alterations can raise questions about the document's integrity.

Forget to date the document—this is crucial for ensuring that your most current wishes are known.

Fail to notify your healthcare proxy or durable power of attorney for healthcare about your wishes and where your living will is stored.

Misconceptions

A common misconception is that a Delaware Living Will has to be filled out with a lawyer's help. While legal advice can be helpful, especially for complex situations, individuals can complete this document on their own or with the assistance of a legal document preparer. The key is to ensure that it accurately reflects their wishes regarding healthcare.

Many believe that a Delaware Living Will is only for the elderly or those with serious health issues. However, unexpected health crises can happen at any age, making it wise for adults, regardless of health status, to prepare one.

There's a misconception that once a Delaware Living Will is signed, it cannot be changed. The truth is individuals can update or revoke their Living Will at any time, as long as they are mentally capable of making these decisions.

Another misunderstanding is that a Living Will is the same as a Durable Power of Attorney for Health Care. While both documents are important for healthcare planning, a Living Will specifically outlines wishes for end-of-life care, whereas a Durable Power of Attorney for Health Care appoints someone to make healthcare decisions on one's behalf.

Some think that a Delaware Living Will is difficult to revoke. Actually, revoking it can be as simple as destroying the document, creating a new one, or clearly indicating the intention to revoke it in writing.

There's also confusion about whether Delaware Living Wills are recognized in other states. While many states have laws recognizing living wills made in other states, it's always a good idea to review and comply with the specific laws of the state where one resides or spends a significant amount of time.

Another false belief is that a Living Will guarantees that one's wishes will be followed to the letter in every situation. While it significantly increases the likelihood that wishes regarding end-of-life care will be respected, discussions with family members and healthcare providers are also crucial for ensuring wishes are known and considered.

Lastly, some people mistakenly believe a Delaware Living Will covers decisions about financial matters or the distribution of personal belongings after death. In reality, it solely addresses healthcare wishes at the end of life. A separate document, such as a Last Will and Testament, is needed for financial and personal estate matters.

Key takeaways

When considering the completion and utilization of the Delaware Living Will form, it's crucial to be well-informed about its purpose and requirements. This legal document serves as a directive for your health care if you are ever in a position where you cannot make decisions for yourself. Here are ten crucial takeaways to keep in mind:

The Delaware Living Will form allows you to specify your preferences regarding medical treatment in scenarios where you might be unable to communicate your decisions due to a serious health condition.

It is essential to be thorough and clear when filling out the form to ensure your health care preferences are known and respected.

The form must be signed in the presence of two witnesses, who must also sign the document, affirming that you are making these decisions of your own free will. These witnesses cannot be your health care provider or a potential heir.

Having a discussion with your family, loved ones, and primary health care provider about your wishes can provide additional clarity and support in adhering to your Living Will.

You can designate a health care proxy in the Living Will, someone you trust to make health care decisions on your behalf if you're unable to do so. This individual's authority and responsibility should be clearly stated in the document.

It's important to review and, if necessary, update your Delaware Living Will periodically, especially after significant life events such as marriage, divorce, a major health diagnosis, or the death of a loved one.

Keep the original copy of your Living Will in a safe but accessible place, and provide copies to your health care proxy, family members, and health care providers to ensure your wishes are followed.

The Delaware Living Will form does not have power in emergencies where emergency medical personnel need to act quickly to save your life. Its instructions are primarily for long-term care decisions.

Be aware that Delaware law requires the Living Will to meet specific criteria to be considered valid. For instance, being of sound mind when signing the document is a prerequisite.

If you decide to revoke your Living Will, it must be done in a clear and unequivocal manner, either by physically destroying the document or by writing a new one.

Understanding these key points can significantly impact how effectively your healthcare preferences are honored. A Living Will is a powerful tool in managing your future health care, ensuring your wishes are known and respected, even if you can no longer communicate them yourself.

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