Medical power of attorney in Delaware: how to sign one
The short answer
In Delaware, a power of attorney for health care names someone to make medical decisions when you can't. You sign it with one adult witness and no notary. If you name nobody, the law turns to a person you identified, then your spouse, children or parents, a cohabitant, siblings, and finally a close friend.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Delaware rewrote its health care decisions law recently. Since September 30, 2025, it follows the Uniform Health-Care Decisions Act, so guides written before then may be out of date. This page covers the current rules. It is part of our guides to estate planning in each state. For the basics of the role, see what a medical power of attorney is.
What is it called in Delaware?
Delaware calls it a "power of attorney for health care." Your written wishes about treatment are a "health-care instruction." Either one, or both together, is an "advance health-care directive" (16 Del. C. 2502).
Directives signed before September 30, 2025 stay valid if they met the new law or the law where and when they were made. Our post on advance directives explains the general idea.
How do I sign one in Delaware?
Delaware keeps this simple. The power of attorney for health care must be in a record, signed by you, and signed by one adult witness. No notary is required (16 Del. C. 2508).
The witness must reasonably believe you are acting voluntarily and knowingly. The witness can be present in person, by real-time video, or by real-time audio if they know you or can confirm who you are.
That is much lighter than Delaware's financial power of attorney, which needs a notary and an unrelated witness. Our Delaware power of attorney guide covers that one.
Delaware publishes an optional form (16 Del. C. 2511). You don't have to use it.
Who can't be my witness or my agent?
| Person | Can be your witness? | Can be your agent? |
|---|---|---|
| The person you name as agent | No | Yes |
| Your agent's spouse, domestic partner or cohabitant | No | Not restricted by this rule |
| An owner, operator, employee or contractor of the nursing home or long-term care facility where you live or get care | No | No, unless family or your cohabitant |
| Someone a court found dangerous to you, or under a protection from abuse or no-contact order | Not restricted by this rule | No |
| A friend or neighbor with none of these ties | Yes | Yes |
A separate advance mental health-care directive is also available (16 Del. C. 2509). If it says you can't revoke it during a psychiatric episode, it must be a separate document with two qualifying witnesses physically present.
Do I need a living will too?
Delaware doesn't use the term "living will" anymore. It calls written treatment wishes a "health-care instruction" (16 Del. C. 2507). It can cover withholding or withdrawing treatment, and it can sit in the same document as your power of attorney for health care.
The statute sets no witness or notary rule for an instruction on its own. It can even be spoken, and a clinician who receives it must note it in your medical record. A later instruction that conflicts with an earlier one replaces it to the extent of the conflict.
Writing it down is still wise, so nobody has to remember. Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Delaware law picks a "default surrogate" for you, unless your directive says otherwise (16 Del. C. 2513). This applies only if you lack capacity and no agent or guardian with health care authority is reasonably available.
The clinician turns to the highest group with someone reasonably available and not disqualified:
| Order | Default surrogate |
|---|---|
| 1 | An adult you identified (outside a power of attorney) to decide if you can't |
| 2 | Your spouse or domestic partner, unless a divorce or separation is pending or final, there is a written separation agreement, or there was desertion for over a year |
| 3 | An adult child or a parent |
| 4 | A cohabitant: an unmarried partner you have lived with for at least a year |
| 5 | An adult brother or sister |
| 6 | An adult grandchild or a grandparent |
| 7 | An adult who routinely helped you with supported decision making in the past six months |
| 8 | An adult stepchild you actively parented as a minor and still have a relationship with |
| 9 | An adult who has shown special care and concern for you and knows your personal values |
If people in the top group disagree, the clinician follows the majority of those who have spoken up. You can also rule someone out, even by speaking or by gesture.
Two things stand out. A close friend can serve, but only at number 9. And number 1 is unusual: you can name someone informally, even out loud, and that person ranks above your spouse. Still, a signed power of attorney for health care is far clearer for a busy hospital.
You can compare this with other states in our 50-state guide to default decision-makers, or use our tool to see who decides for you. Our post on medical decisions without a power of attorney covers the general picture.
Here is a typical case, a composite. Dorothy is 71, divorced, and lives in Newark. Her daughter is in Texas. Her friend Carol, from church, drives her to appointments and knows what she would want. Dorothy signs a power of attorney for health care naming Carol, with her daughter as backup.
How do I choose my agent?
Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
Once your health papers are done, our Delaware probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Delaware?
No. Under the law in effect since September 30, 2025, it needs your signature and one adult witness. The witness can't be your agent or your agent's spouse, domestic partner or cohabitant.
Who makes medical decisions in Delaware if there's no power of attorney?
A default surrogate: first an adult you identified, then your spouse or domestic partner, an adult child or parent, a cohabitant, a sibling, a grandchild or grandparent, and further groups ending with a close friend.
Can a close friend make medical decisions for me in Delaware?
Yes. A friend who has shown special care and concern and knows your values is last on the default list. Naming the friend in a power of attorney for health care puts them first.
Is my old Delaware advance directive still valid?
Yes, if it met the new law or the law where and when you signed it. It is a good time to review it anyway.
Do I need a witness for a Delaware living will?
Delaware calls it a health-care instruction, and the statute sets no witness rule for an instruction by itself. The optional form needs a witness only if you also name an agent.
Sources
This page is general information, not legal or financial advice. Laws vary by state.