Advance Directive in Delaware — Free PDF & Word (2026 Updated)
Medical care instructions if you become incapacitated
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ADVANCE DIRECTIVE FOR HEALTHCARE State of Delaware PART I — APPOINTMENT OF HEALTHCARE AGENT I, [YOUR NAME], of [ADDRESS], Delaware DE, appoint the following person as my Healthcare Agent: Agent Name: [AGENT NAME] Address: [AGENT ADDRESS] Phone: [PHONE] Alternate Agent: [ALTERNATE NAME] Address: [ALTERNATE ADDRESS] Phone: [PHONE] My Healthcare Agent is authorized to make all healthcare decisions for me when I am unable to do so, including decisions about life-sustaining treatment. PART II — INSTRUCTIONS FOR HEALTHCARE If I am terminally ill or permanently unconscious: [ ] I DO want life-sustaining treatment [ ] I DO NOT want life-sustaining treatment [ ] I want treatment only if my doctor believes it will improve my condition Artificial Nutrition and Hydration: [ ] I DO want artificial nutrition and hydration [ ] I DO NOT want artificial nutrition and hydration Pain Management: I want all measures taken to keep me comfortable and free from pain, even if such measures hasten my death. Organ Donation: [ ] I wish to donate my organs and tissues [ ] I do not wish to donate my organs PART III — GENERAL PROVISIONS This directive is made in accordance with Delaware law (DE Statutes). It shall remain in effect until revoked. DECLARANT SIGNATURE: _____________________ DATE: _____ WITNESS 1: _____________________ DATE: _____ WITNESS 2: _____________________ DATE: _____ NOTARY (if required in Delaware): Subscribed and sworn before me this ___ day of _______, 20__. Notary Public: _____________________
Michael Chen, Esq.
Real Estate Law Consultant
Bar Certified, Real Estate Expert
Expert in property transactions and real estate documentation
This Advance Directive template for Delaware has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Delaware Advance Directive Requirements
Review the following requirements to ensure your Advance Directive is legally valid in Delaware.
Delaware Notarization
While notarization may not be required in Delaware, it is recommended. Fees range from $5-$10.
Before You Sign
Review all information carefully. Delaware does not impose a state sales tax, but local fees may apply.
Legal Protection
Keep copies of all signed documents. Delaware law requires all parties to receive copies of executed documents.
Delaware Filing Deadlines
Check Delaware deadlines for filing or recording this document with the appropriate county clerk's office.
FAQ: Advance Directive in Delaware
Is a Advance Directive required in Delaware?
Yes, in Delaware, a Advance Directive is required for most transactions of this type. Under Delaware State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Advance Directive may result in legal complications.
Does a Advance Directive need to be notarized in Delaware?
Notarization requirements in Delaware (DE) vary by transaction type. Notary fees in the state typically range from $5-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Advance Directive in Delaware?
Delaware has a base sales tax rate of 0%. Depending on the type of transaction documented in your Advance Directive, additional local taxes may apply. Consult with a Delaware tax professional for specific guidance on your situation.
Is an advance directive the same as a living will?
An advance directive is a broader document that typically includes both a living will (treatment preferences) and a healthcare power of attorney (appointing a decision-maker). Some states combine these into one form.
When does an advance directive take effect?
An advance directive takes effect only when you are unable to communicate your own healthcare decisions, typically due to unconsciousness, severe illness, or cognitive impairment. Your doctor must determine you lack decision-making capacity.
Do hospitals have to follow my advance directive?
Yes, healthcare providers are legally required to follow valid advance directives in all states. However, a provider may refuse on moral grounds but must transfer your care to another provider who will honor your wishes.
Delaware Advance Directive Legal Guide
According to Delaware laws, this agreement holds legal weight once properly signed and notarized, ensuring compliance with state regulations.
In Delaware, according to Delaware State Code, a 0% sales tax applies to applicable transactions. Notary fees in DE typically range from $5-$10. A single witness signature is sufficient under state law.
This professionally drafted form provides peace of mind knowing you're compliant with all Delaware legal requirements.
Smart Practices for DE Compliance
Delaware has specific rules that differ from neighboring states. Always verify your document against current DE statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in Delaware may need updating for 2026.
Enforceability in Delaware
A Advance Directive that meets all DE requirements is fully enforceable in Delaware. Courts in Delaware have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Step-by-Step Process
1. **Download the template** — Our Delaware-specific form includes all fields required by DE law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to Delaware's signature requirements.
5. **Notarize if needed** — Some Delaware transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate Delaware office if required.
Legal Standards in Delaware
Under DE state code, your Advance Directive must contain several mandatory elements. Delaware courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.
A Advance Directive that meets all DE requirements is fully enforceable in Delaware. Courts in Delaware have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Step-by-Step Process
1. **Download the template** — Our Delaware-specific form includes all fields required by DE law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to Delaware's signature requirements.
5. **Notarize if needed** — Some Delaware transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate Delaware office if required.
Legal Standards in Delaware
Under DE state code, your Advance Directive must contain several mandatory elements. Delaware courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.
Under DE state code, your Advance Directive must contain several mandatory elements. Delaware courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.
Advance Directive Costs in Delaware
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Delaware standard rate: $5-$10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Delaware |
| Sales Tax | 0% | Delaware base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
Where to File Your Advance Directive in Delaware
Visit your local County Clerk office to file or notarize your Advance Directive.
Delaware County Clerk
Delaware Capital
Main Government Building, Delaware
District County Clerk
Delaware Metro Area
County Courthouse, DE
Other Forms in Delaware
Advance Directive in Neighboring States
Document Information
- Document
- Advance Directive
- State
- Delaware (DE)
- Category
- Estate Planning
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 0%
- Notary Fee
- $5-$10
Delaware Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in Delaware may change. Consult a licensed attorney for advice specific to your situation.