Free Delaware Living Will

In Delaware, the living will is the Advance Health-Care Directive, a written instruction that is valid with no agent named.

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An individual may create a health-care instruction that expresses the individual’s preferences for future health care. “Individual” means an adult or emancipated minor. may make a advance health-care directive in Delaware.

Your State*

The state whose law the document is prepared under. In Massachusetts, Michigan, New York and Oregon, treatment instructions are part of the healthcare power of attorney; those state pages lead there.

First Name*

Middle Name

Last Name*

Date of Birth(MM/DD/YYYY)*

The Delaware form prints your date of birth under your name.

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Yes. Delaware prints the form in the statute. The document prepared here is that form text with your entries in its blanks and your choices marked where the form has you initial them; the agent parts are omitted.

The declarant signs it; no witness is required for an instruction that names no agent.

When you can no longer make your own treatment decisions and your condition is one the statute names: a condition that is not curable and is expected to cause my death soon, even if treated; unconscious and not expected to be conscious again; a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself, and recognizing family and friends. Delaware defines each term in the statute, and the document prints the definitions it uses.

Yes. Delaware lets the declaration direct that artificially provided nutrition and hydration be withheld or withdrawn. If an individual has a long-term disability requiring routine treatment by artificial nutrition, hydration, or mechanical ventilation and a history of using the treatment without objection, an agent or default surrogate may not consent to withhold or withdraw the treatment unless any of the followin.

Delaware recognizes these ways to revoke it: by any act of the individual that clearly indicates that the individual intends to revoke the instruction, including an oral statement to a health-care professional (in whole or in part); by a later health-care instruction that conflicts with an earlier one, including an instruction documented in a medical order, to the extent of the conflict; by a later advance health-care directive that conflicts with the earlier one, to the extent of the conflict.

The Living Will in Delaware

Delaware writes the living will into its advance-directive statute, where a written instruction that names no agent is itself a directive. The document is the Advance Health-Care Directive with the instruction part completed and the agent part left to the healthcare power of attorney.

Delaware prints the form in the statute; in the statute's words, “The following form may be used to create an advance health-care directive”. The document reproduces the form's text with the entries in its blanks and the elections marked where the form has the declarant initial them.

Delaware names the conditions in which the declaration operates: a condition that is not curable and is expected to cause my death soon, even if treated; unconscious and not expected to be conscious again; a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself, and recognizing family and friends. It applies only once the declarant can no longer make treatment decisions.

The statute's own form carries the signing: Delaware asks for no witness on an instruction that names no agent; the declarant's signature alone makes it.

Legal Sources

(5)·Updated September 28, 2026

SimplyTrust Editorial

Data sourced from Delaware statutes and official state code. How we research.

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Free tools for planning your estate in Delaware: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Delaware and read its answer.

Do I Need a TOD Deed?

Delaware authorizes transfer on death deeds: a recorded, revocable deed that passes real property at death outside probate.

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Do I Need a Vehicle TOD?

Delaware allows a transfer-on-death beneficiary designation on a vehicle title, filed through the Delaware Division of Motor Vehicles (Department of Transportation) using Form MV2025.

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How Much Is the Federal Gift Tax?

Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Delaware runs $4,390 to $6,585 and a simple will $1,317 to $2,634, against $0 to $549 up front plus a subscription with an online service.

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How Much Life Insurance Do I Need?

In Delaware, four years at a public university cost about $105,696 and the cost of living is near the U.S. average; no state estate or inheritance tax applies.

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Are My Beneficiary Designations Protected?

Delaware does not revoke an ex-spouse as beneficiary at divorce; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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How Do I Sign Estate Documents?

In Delaware, a will is signed before 2 witnesses, and notarization is not required.

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Will My Estate Documents Transfer?

Delaware recognizes a will signed under the law of the place where it was signed; a will signed in Delaware itself needs 2 witnesses, and notarization is not required.

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All Delaware tools

Delaware Estate Planning Resources

In-depth guides covering Delaware probate laws, trust requirements, and estate planning strategies.

Free Delaware Living Will

In Delaware, the living will is the Advance Health-Care Directive, a written instruction that is valid with no agent named.

Progress0%

The Living Will in Delaware

The statute's own form carries the signing: Delaware asks for no witness on an instruction that names no agent; the declarant's signature alone makes it.

Free Delaware Living Will

Your Information

Is this your situation?

Serious Diagnosis

Retirement

Marriage

New Baby or Adoption

Forms for Planning Your Estate in Delaware

Healthcare Power of Attorney

HIPAA Release

Financial Power of Attorney

Transfer on Death Deed

Vehicle Transfer on Death

Last Will and Testament

Codicil to a Will

Tools for Planning Your Estate in Delaware

Do I Need a TOD Deed?

Do I Need a Vehicle TOD?

How Much Is the Federal Gift Tax?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

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Delaware Estate Planning Resources

Free Delaware Living Will

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