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            SUMMARY OF STATE LIVING WILL LEGISLATION

DELAWARE

Synopsis: Delaware has a weak living will statute. The statute
provides for both a living will and a legal procedure for advance
appointment through a Durable Power of Attorney of an "agent" who
can determine which medical treatments should be used or withheld
upon the person appointing the agent, should the principal become
incapacitated. No form for the living will or "Durable Power of
Attorney" is provided by the state statute. The statute does not
require that the physician or hospital respect or implement the
living will. To prepare both a living will and a durable power of
attorney, please select these documents from the document
preparation menu. Please also consider executing a living will
for any State that you spend more than a few weeks per year, or
where you are a temporary resident.

Statute number: Delaware Code, Title 16, Section 2501-2509
Statute title: "Delaware Death With Dignity Act"

Governmental Agency to contact for more information: None
specified; The Division of Aging and the Public Guardian have
certain responsibilities under the act and may be able to provide
information

A specific form of living will is not required 

Witness requirements: Number:  2    Relationship: Witnesses may
not be related by blood or marriage, may not be directly
responsible for the medical costs of the declarant, and must not
have an interest or claim, whether liquidated or unliquidated in
the declarant's estate and cannot be a hospital employee in a
hospital which at that time is treating the declarant.


Recording of the living will is not provided for.

Revocation of the living will may be made by tearing, defacing,
burning, etc. It may also be revoked by a separate document. It
may be verbally revoked in front of two witnesses. The fact of
revocation must be communicated to the hospital or doctor to be
effective.