Delaware Medical Power of Attorney Form [PDF]

The Delaware power of attorney, or healthcare power of attorney, is a legal document that one person, called the principal, issues and authorizes another person, called the attorney-in-fact or agent, to make healthcare decisions on their behalf.

The healthcare power of attorney is usually issued in the following situations:

When to Issue a Healthcare Power of Attorney

If the principal is of old age and would like to authorize someone to make general decisions about their healthcare
If the principal is diagnosed with a terminal condition
If the principal is about to undergo surgery
If the principal would like to authorize someone to make end-of-life decisions on their behalf

Laws and Legal Requirements for a Medical Power of Attorney in Delaware

Laws and Legal Requirements

Title 16, Chapter 25 of the Delaware Code regulates the status of medical power of attorney in this state, and § 2503(b) regulates the signing requirements.

It stipulates that the principal issuing the document and at least two witnesses must sign the medical power of attorney form. If the principal cannot sign the document, they can authorize another person to sign it on their behalf.

When it comes to the revocation of the medical power of attorney, § 2504 provides that the medical power of attorney can be revoked:

If the principal issues the power of attorney revocation
If the principal communicates their wish for revocation to two individuals (one of whom should be the health care provider)
If the principal executes a new medical power of attorney
If the principal gets divorced (only when the agent is the principal’s spouse)

How to Write a Medical Power of Attorney in Delaware

To draft a valid medical power of attorney in Delaware, you should follow the step-by-step process outlined below.

How to Write a Medical Power of Attorney

#1. Access the Medical Power of Attorney Form

Here, you can find the medical power of attorney template that you can access and fill out by following the instructions provided by our professional document builder.

First, you will fill out the basic information, such as your full name, mailing address, contact information, and date of issuing the medical power of attorney.

#2. Appoint a Healthcare Representative

This is your attorney-in-fact or an agent. In this section, you should enter the agent’s full name, mailing address, and contact details. Here, you should also include medical power of attorney rights and limitations that will provide the agent’s scope of authority.

It should be an adult with the legal capacity to represent you. You should choose a reliable and trustworthy person, considering the importance of the matters they will have authority over. The agent should also be located near the place where they are expected to represent you.

#3. Identify an Alternative Healthcare Representative

This person is also called the secondary attorney-in-fact or a secondary agent. The secondary agent should fulfill the same requirements as the primary agent. You can name one or more people as your secondary agents.

They act and make decisions about your healthcare in case your primary agent becomes incapacitated or becomes, in some way, unable to represent you.

#4. Identify the Witnesses and Have Them Sign the Form

After creating the medical power of attorney, you should sign it before at least two adult witnesses. The witnesses should also have legal capacity. Witnesses will confirm the identity of the principal and confirm that they have signed the document.

#5. Notarize the Form

Although not required by state law, it is always recommended that the medical power of attorney be signed before the notary public. This will add additional authenticity to the document and prevent fraud.