Get Started Now! Delaware Advanced Health Care Directives
Get Started Now!
Delaware Advanced Health Care Directives
Question and Answer Reference Guide
Please Note: MedTix, LLC is not a law firm and nothing in the Reference Guide or any other portion of this site should be interpreted as legal advice.
Why do I need to have an Advance Health Care Directive in effect?
- When your wishes regarding your care in an end-of-life situation are clearly expressed, it eliminates doubts and uncertainties about your wishes if or when you are unable to express them yourself. This lifts an enormous emotional burden from the shoulders of your loved ones.
Am I legally required to have a Delaware Advanced Health Care Directive?
- No. Completing a Delaware Advanced Health Care Directive is totally voluntary. It is a decision you make on your own and one you may choose to discuss with family members or loved ones.
Who sees that my wishes are carried out when I am unable to do so?
- The Designated Agent—a person you choose for that role through a separate document within the Delaware Advanced Health Care Directives called a Power of Attorney for Health Care.
Who should I choose as my Designated Agent?
- Ideally, your Designated Agent should be someone close to you—a family member, spouse, or a close friend.
Does the law limit whom I may or may not choose as a Designated Agent?
- Yes. The law does not allow certain individuals to act as your Designated Agent. Generally, these exclusions cover people who are directly overseeing the clinical aspects of your care, such as a health care provider or people in a skilled nursing facility.
What if some of my family members disagree with the decisions I’ve made, or when the time comes do not want to see my wishes carried out? Can they override the legal authority of my Designated Agent?
- This is a complex area of the law and the facts of every case are different. But generally speaking courts have ruled that a properly completed and witnessed Advanced Healthcare Directive has the force of a legal document and is the final authority in carrying out your wishes.
What if I change my mind about my wishes regarding care, or about my designated agent?
- You can change your mind at any time. You can inform the health care provider treating you orally or in writing. Or, completing and filing a new or updated Delaware Advanced Health Care Directive form takes the place of the older one.
How are the wishes I express in my Delaware Advanced Health Care Directive made known to others, including healthcare providers?
- You should ensure that key people are aware of your preferences: your designated agent, physician, family, or other health care providers. (MedTix offers services that safeguard your documents and provide access to them in a medical emergency.)
