Living Will Requirements in Delaware
Under Delaware's Uniform Health-Care Decisions Act (effective September 30, 2025), a power of attorney for health care must be signed and witnessed by one adult; health-care instructions need no witness and no notary.
Last checked . General information, not legal advice.
Delaware at a glance
- Name of the document
- Advance Health-Care Directive
- Witnesses
- 1 witness
- Notarization
- Optional
The rules in Delaware
What is a living will called in Delaware?
In Delaware, the document is called the Advance Health-Care Directive.
Does a living will need witnesses in Delaware?
Delaware requires one witness.
Does a living will need to be notarized in Delaware?
No. Notarization is optional in Delaware.
Where do the Delaware rules for living wills come from?
They come from 16 Del. C. ch. 25. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Delaware compares
Delaware is one of 25 jurisdictions that make notarization optional.
What this means in practice
Give copies to your doctor, your health care agent and close family, and keep the original where it can be found quickly. A living will that nobody can find cannot help.
Many states have rules about who may serve as a witness, for example excluding relatives or your health care providers. Check the statute before you sign.
Review the document after a major diagnosis, a move to another state or a change in your wishes.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.