Signing Requirements
The form must be signed in the presence of one adult witness.[1] The witness cannot be the agent named, the agent’s spouse, domestic partner, or cohabitant, nor any individual associated with the principal’s nursing home or long-term care facility.
Revocation
A mentally competent individual can use a signed written revocation to revoke all or part of an advance directive. A non-written revocation is valid, as well, and it may be any act that clearly indicates the individual’s intent to revoke, such as by communicating the intent to a health-care professional.[2]
State Definition
“Advance health-care directive” means a power of attorney for health care, health-care instruction, or both. The term includes an advance mental health-care directive.[3]
Statutory Form
Yes, Delaware has a statutory form that a person may, but is not required, to use.[4]
Sample
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