Free Delaware Advance Directive & Living Will
Build a complete Delaware advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with Delaware's correct signing requirements.
A free directive — not legal or medical advice.
This builds a Delaware advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as Delaware requires (see the signing steps). RecordingLaw.com is not a law firm.
About you
Your health care agent
The person who will make medical decisions if you can't speak for yourself — the most important choice.
Note: in Delaware, your agent cannot be 16 Del. C. § 2508(b): a person may not serve as agent if a court finds they pose a danger to the individual, or they are subject to an abuse-prevention/no-contact order from the individual. An agent also may not have a controlling interest in, or be an operator/employee of, a residential long-term-care institution where the principal receives care UNLESS related by blood, marriage, adoption, domestic partnership, or cohabitation.
Your end-of-life wishes
If you are terminally ill or permanently unconscious with no recovery expected.
Other wishes (optional)
Before you sign — Delaware notes
This directive has NO legal effect until you sign it. To make it valid in Delaware: An adult signs the Advance Health-Care Directive before ONE qualified adult witness (not the agent, the agent's partner, or the nursing home where they reside). No notary required; remote audio-visual witnessing is allowed (§ 2508). The recodified Act has NO pregnancy clause. Default surrogate order is in § 2512.
Witness rules: a witness must NOT be Under the recodified Chapter 25 (SB 309 adopting the Uniform Health-Care Decisions Act of 2023, effective Sept. 30, 2025; now codified at 16 Del. C. ch. 25 subch. as c025_1), execution is at 16 Del. C. § 2508(d) and requires ONE adult witness (previously two under the pre-2025 Act). The witness must reasonably believe the act is voluntary and knowing and may NOT be: the agent; the agent's spouse, domestic partner, or cohabitant; or an owner/operator/employee of a nursing home where the individual resides. No notarization required; § 2508(e) permits remote audio-visual (or verified audio-only) witnessing.
Your agent cannot be 16 Del. C. § 2508(b): a person may not serve as agent if a court finds they pose a danger to the individual, or they are subject to an abuse-prevention/no-contact order from the individual. An agent also may not have a controlling interest in, or be an operator/employee of, a residential long-term-care institution where the principal receives care UNLESS related by blood, marriage, adoption, domestic partnership, or cohabitation.
Delaware also publishes an official statutory directive form (16 Del. C. § 2511 (optional statutory ADVANCE HEALTH-CARE DIRECTIVE form); health-care instructions at § 2507; execution under § 2508); this document is a valid alternative that covers the same ground.
After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.
This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.
Enter your name and your agent's name to download.
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Advance Health Care Directive of [YOUR FULL NAME]
PART I — DECLARATION
I, [YOUR FULL NAME], of [CITY], Delaware, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.
PART II — MY HEALTH CARE AGENT
I appoint [AGENT NAME] as my health care agent.
My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.
My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.
I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.
PART III — LIVING WILL — MY END-OF-LIFE WISHES
If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.
I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.
Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.
PART IV — GENERAL PROVISIONS
This directive is governed by the laws of Delaware and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.
If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.
SIGNATURE
I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], Delaware.
____________________________________
[YOUR FULL NAME], Principal
WITNESSES — Each of us declares that the principal signed this directive in our presence, appeared to be of sound mind and free from duress, that we are each at least 18 years old, and that we are not disqualified from witnessing under this state's law (see the signing instructions for who may not witness).
Witness 1: ____________________________ Address: ____________________________
How to Sign Your Advance Directive in Delaware
An adult signs the Advance Health-Care Directive before ONE qualified adult witness (not the agent, the agent's partner, or the nursing home where they reside). No notary required; remote audio-visual witnessing is allowed (§ 2508). The recodified Act has NO pregnancy clause. Default surrogate order is in § 2512.
Delaware requires 1 witness. A notary is not required. This generator's PDF includes a signing page with these exact steps.
The Two Parts: Health Care Agent and Living Will
Your Delaware directive has two jobs. The health care agent (also called a healthcare proxy or medical power of attorney) is the person who speaks to doctors for you if you cannot — choosing treatments, providers, and facilities and seeing your medical records. The living will records your own instructions about life-sustaining treatment if you are terminally ill or permanently unconscious with no reasonable hope of recovery.
Who Can Be Your Agent and Witnesses in Delaware
Your agent: In Delaware, your health care agent cannot be 16 Del. C. § 2508(b): a person may not serve as agent if a court finds they pose a danger to the individual, or they are subject to an abuse-prevention/no-contact order from the individual. An agent also may not have a controlling interest in, or be an operator/employee of, a residential long-term-care institution where the principal receives care UNLESS related by blood, marriage, adoption, domestic partnership, or cohabitation. Choose someone you trust who knows your values and will advocate for you.
Your witnesses: In Delaware, a witness must NOT be Under the recodified Chapter 25 (SB 309 adopting the Uniform Health-Care Decisions Act of 2023, effective Sept. 30, 2025; now codified at 16 Del. C. ch. 25 subch. as c025_1), execution is at 16 Del. C. § 2508(d) and requires ONE adult witness (previously two under the pre-2025 Act). The witness must reasonably believe the act is voluntary and knowing and may NOT be: the agent; the agent's spouse, domestic partner, or cohabitant; or an owner/operator/employee of a nursing home where the individual resides. No notarization required; § 2508(e) permits remote audio-visual (or verified audio-only) witnessing.. Pick neutral adults.
Who Decides If You Have No Directive in Delaware?
If you have not named a health care agent, Delaware law decides who speaks for you: 16 Del. C. § 2512 default-surrogate descending priority (Uniform Act framework): a person the individual identified to make decisions; spouse or domestic partner; adult child or parent; cohabitant; adult sibling; adult grandchild or grandparent; supported-decision-making supporter; adult stepchild actively parented; unrelated adult who has shown special care and concern. An unmarried partner usually has no automatic say. Signing a directive is how you choose your own decision-maker instead of leaving it to this default.
Updating, Revoking, and Sharing Your Directive
Review your directive after any major change — a new diagnosis, a divorce, the death of your agent, or a move to a new state (a directive valid where you signed it is usually honored elsewhere, but it is wise to re-sign under your new state's rules). You can revoke it any time by telling your agent or doctor or by signing a new one. After signing, give copies to your agent, your alternate, and your doctor and keep the original where it can be found quickly — a directive no one can locate cannot help you.
Frequently Asked Questions
Is an advance directive made online valid in Delaware?
Yes, if you sign it correctly. Delaware requires 1 witness. The document this tool creates is a standard advance health-care directive (combines individual health-care instructions / living will + power of attorney for health care, under the uniform/delaware health-care decisions act); it becomes legally effective when you sign it as described above.
Do I need a lawyer to make an advance directive in Delaware?
No. A properly signed advance directive is valid whether or not a lawyer prepares it. See an attorney if you have complex wishes, a serious illness, or want detailed limits on specific treatments.
What is the difference between a living will and a healthcare power of attorney?
A living will states your own wishes about life-sustaining treatment. A healthcare power of attorney (agent/proxy) names a person to make medical decisions for you. This generator combines both in one Delaware directive.
Does my Delaware directive need to be notarized?
No, Delaware does not require notarization; 1 witness is what makes it valid.
Who can witness my advance directive in Delaware?
Adults who are not Under the recodified Chapter 25 (SB 309 adopting the Uniform Health-Care Decisions Act of 2023, effective Sept. 30, 2025; now codified at 16 Del. C. ch. 25 subch. as c025_1), execution is at 16 Del. C. § 2508(d) and requires ONE adult witness (previously two under the pre-2025 Act). The witness must reasonably believe the act is voluntary and knowing and may NOT be: the agent; the agent's spouse, domestic partner, or cohabitant; or an owner/operator/employee of a nursing home where the individual resides. No notarization required; § 2508(e) permits remote audio-visual (or verified audio-only) witnessing..
What happens if I don't have an advance directive in Delaware?
Delaware decides who makes your medical decisions: 16 Del. C. § 2512 default-surrogate descending priority (Uniform Act framework): a person the individual identified to make decisions; spouse or domestic partner; adult child or parent; cohabitant; adult sibling; adult grandchild or grandparent; supported-decision-making supporter; adult stepchild actively parented; unrelated adult who has shown special care and concern.
Can my agent override my living will?
No. Your agent must follow the clear wishes you write down. The living will guides your agent and your doctors; the agent fills in decisions you did not specifically address.
Do I have to file my directive with a court?
No. An advance directive is not filed with any court. You keep the signed original and give copies to your agent and your doctor so it is available when needed.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal or medical advice.
Disclaimer
This generator produces a general-purpose advance directive and is not legal or medical advice or a substitute for an attorney or your physician. Healthcare-directive law changes; the Delaware requirements here are current as of 2026-06-05. A directive is only effective if signed as your state requires. For a serious illness, detailed treatment limits, or complex family situations, talk to your doctor and a Delaware estate-planning attorney. RecordingLaw.com is not a law firm.
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