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Delaware Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 16 §2501, et seq. |
| Specific Powers, Life-Prolonging Acts | Grant, refuse, withdraw consent to provision of medical treatment, including right to refuse medical treatment which would extend appointer's life |
| Legal Requirements for Durable Power of Attorney | (1) Adult; (2) written declaration; (3) attending physician judges appointer incapable due to condition resulting from illness or injury of making decision to accept or refuse medical treatment; (4) signed by appointer or another person at his express direction and in his presence; (5) dated; (6) 2 or more adult witnesses |
| Revocation of Durable Power of Attorney | Revocable at any time without regard to declarant's mental state or competency by (1) destruction of declaration with intent to revoke; (2) oral statement in presence of 2 persons 18 yrs. or older expressing intent to revoke; (3) written revocation signed and dated by declarant or (4) new declaration with contrary intent |
| Validity from State-to-State | Directives of other states in compliance with the laws of that state or of Delaware are valid. |
| If Physician Unwilling to Follow Durable Power of Attorney | Must provide continuing care and not impede the transfer of the patient to another health care provider. |
| Immunity for Attending Physician | Physicians or nurses acting in reliance on properly executed document are presumed to be acting in good faith and there is no civil or criminal liability unless negligent |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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