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  5. What is an advance directive, and why do you need one?

What is an advance directive, and why do you need one?

On Behalf of Law Offices of Bonnie M. Benson, P.A. | Mar 3, 2025 | Elder Law

Planning for the future includes making decisions about your healthcare in case you can’t communicate your wishes. An advance directive helps ensure your preferences are honored. In Delaware, having one can prevent uncertainty for loved ones and medical providers.

What is an advance directive?

An advance directive is a legal document outlining your healthcare decisions if you become unable to express them. It typically includes a living will and a power of attorney for healthcare. A living will details your choices regarding life-sustaining treatment, while a healthcare power of attorney designates someone to make medical decisions on your behalf.

Why is an advance directive important?

Without an advance directive, your family may struggle to decide on your care. Delaware law allows healthcare providers to follow your stated wishes, reducing stress on loved ones. It also ensures that medical choices align with your beliefs rather than leaving them up to doctors or courts.

When should you create an advance directive?

Creating an advance directive is best done while you are in good health. Unexpected accidents or illnesses can happen at any time, so having one in place provides peace of mind. In Delaware, you must be at least 18 years old and of sound mind to create an advance directive.

How do you make an advance directive legally binding?

Delaware law requires your advance directive to be signed in front of two witnesses or notarized. Witnesses cannot be healthcare providers or named agents. Once completed, providing copies to your family, doctor, and hospital ensures accessibility when needed.

Having an advance directive protects your medical choices and spares your loved ones from making tough decisions during emotional times.

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