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How to create an advanced health care directive in Delaware

On Behalf of Law Offices of Bonnie M. Benson, P.A. | Jan 21, 2026 | Estate Planning

Planning ahead for your medical care can bring peace of mind. An advanced health care directive (AHCD) allows you to outline your preferences and name someone to make decisions if you cannot speak for yourself. Taking time to prepare can make things easier for both you and your loved ones.

Step 1: Reflect on your wishes

Start by thinking about what matters most to you in medical care. Consider situations like serious illness or permanent unconsciousness. You might note treatments you would prefer or want to avoid, such as ventilators or tube feeding. Writing down your thoughts can make the next steps clearer.

Step 2: Obtain the official form

You can download Delaware’s official AHCD form from the Department of Health and Social Services website. Use the state-approved form so others will recognize your directive. Fill in your personal and county details at the top before proceeding.

Step 3: Choose your agent

Select a trusted person to make medical decisions on your behalf. This could be a family member or a close friend. You may also name alternate agents if your primary agent is unavailable, or co-agents to act together. Your agent typically steps in only when a doctor confirms you cannot decide for yourself.

Key powers you might grant include:

  • Approving surgeries, medications or other treatments
  • Admitting you to medical facilities
  • Hiring or dismissing health care providers

Step 4: Specify end-of-life care

You can provide instructions for two conditions: a terminal illness and permanent unconsciousness. For each, you may indicate whether you want your agent to decide or prefer limited life-prolonging measures. Include any comfort care preferences to help manage your pain.

Step 5: Consider organ donation

Decide whether you wish to donate organs or tissues after death. You can indicate preferences for your whole body, specific organs or for research purposes. Naming recipients, such as a hospital or research facility, can clarify your intentions.

Step 6: Sign with witnesses

You sign the administrative provisions page in front of two adult witnesses who confirm that you appear competent. Witnesses cannot be related to you, benefit from your estate or be paid by the facility where you live. If you reside in a care facility, one witness may need to be a state-designated advocate. Notarization is optional but may help in other states.

Step 7: Share and safeguard copies

Provide copies of your directive to your agent, doctor and family. Keep the original in a safe yet accessible place. Delaware does not require filing with the state, so make sure you share your directive to ensure others know your wishes.

Moving forward with confidence

Taking steps to create an advanced health care directive can reduce uncertainty for your loved ones. It gives you a way to communicate your preferences clearly and lets others hear your voice, even if you cannot speak for yourself. Reviewing and updating your directive over time helps keep your medical care aligned with your wishes.

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