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Delaware Living Wills Laws
More Information on Living Wills
| Code Section | 16 §2501, et seq. Health Care Decisions |
| Specific Powers, Life-Prolonging Acts | Right to refuse medical or surgical treatment via written declaration instructing any physician to cease or refrain from medical or surgical treatment |
| Legal Requirements for Valid Living Will | (1) Legally adult, competent, of sound mind; (2) written declaration; (3) declarant in terminal condition confirmed in writing by 2 physicians; (4) signed by declarant or another person in declarant's presence and at his express direction; (5) dated; (6) 2 or more adult witnesses who state in writing that they are not prohibited from being a witness; (7) not pregnant |
| Revocation of Living Will | 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 years or older expressing intent to revoke; (3) written revocation signed and dated by declarant or; (4) new declaration with contrary intent; (5) receipt of emergency treatment |
| Validity from State-to-State | Declarations executed in other states are valid if valid in that state |
| If Physician Unwilling to Follow Living Will | - |
| 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 or discipline for unprofessional conduct. |
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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