What Do I Need to Sign My Healthcare Proxy in Delaware?
Witness, notary, and remote online notarization (RON) requirements for healthcare proxies in Delaware.
Frequently Asked Questions
Delaware requires 1 witness for a healthcare proxy.16 Del. C. § 2508Verified Jul 15, 2026 Witnesses cannot be: The person named as your healthcare agent. Witnesses must be at least 18 years old.
Notarization is not required for a healthcare proxy to be valid in Delaware.16 Del. C. § 2508Verified Jul 15, 2026
Yes. A healthcare proxy can be executed entirely remotely in Delaware — the 1 required witness may attend by live audio-video rather than in person (16 Del. C. § 2508(e)(2) (the single adult witness required by § 2508(d) "is considered present" when "[u]sing electronic means that allow for real time audio and visual transmission and communication in real time to the same extent as if the witness and the individual were physically present in the same location")), and no notary is involved.
To execute a healthcare proxy in Delaware: Find 1 adult to serve as witness. Review witness restrictions to ensure eligibility. Give copies to your healthcare agent and doctors. Sign electronically; the 1 required witness may attend by live video
Yes. Delaware has an explicit reciprocity statute16 Del. C. § 2516Verified Jul 15, 2026: a healthcare directive executed in another state is honored in Delaware if it was valid where signed or valid under the principal's domicile law. Delaware adopted original UHCDA in 1996, replaced by UHCDA (2023) effective Sept 30, 2025 via SB 309 (84 Del. Laws c. 467). Interstate recognition at § 2516(a): out-of-state directives valid if compliant with the state specified in the directive (or, if none specified, the state where created) or Delaware law. Electronic directives explicitly valid (§ 2516(c)); § 2516(d) preserves admissibility of electronic-form evidence. The document portability tool covers reciprocity rules in detail.
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