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Health Care Power of Attorney Requirements in Delaware

In Delaware, a power of attorney for health care must be signed by you and by one adult witness who is not your agent or your agent's spouse, domestic partner or cohabitant.

Last checked . General information, not legal advice.

Delaware at a glance

Document name
Power of attorney for health care
Part of Delaware's Uniform Health-Care Decisions Act (2023).
Witnesses
1 witness
The witness may be present in person, by real time video, or in some cases by audio only.
Notary required
No
The statute requires one witness and does not list notarization.
Who cannot witness
Agent and agent's spouse, partner or cohabitant
If you live or get care in a nursing home or long-term care facility, its owner, operator, employees and contractors cannot witness.

Sources

Last checked

The rules in Delaware

What is a health care power of attorney called in Delaware?

Document name in Delaware: Power of attorney for health care. Part of Delaware's Uniform Health-Care Decisions Act (2023).

How many witnesses does a health care power of attorney need in Delaware?

Witnesses in Delaware: 1 witness. The witness may be present in person, by real time video, or in some cases by audio only.

Does a health care power of attorney have to be notarized in Delaware?

No. Notary required in Delaware: no. The statute requires one witness and does not list notarization.

Who cannot witness a health care power of attorney in Delaware?

Who cannot witness in Delaware: Agent and agent's spouse, partner or cohabitant. If you live or get care in a nursing home or long-term care facility, its owner, operator, employees and contractors cannot witness.

Where do the Delaware health care power of attorney requirements come from?

The rules above come from Del. Code tit. 16, 2508. Each source is linked on this page. We last checked them in October 2026.

Good to know

Delaware's health care decisions chapter is now cited as the Uniform Health-Care Decisions Act (2023), enacted by 84 Del. Laws c. 467.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.