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Who witnesses the signing of an advance directive?

Two people must witness the signing of  your advance directive form. Although it is not required, it is recommended that you also sign in the presence of a notary public. 

A witness cannot be anyone who:

  • Is related to you by blood, marriage, or adoption
  • Is entitled to any portion of your estate
  • Has a claim against any portion of your estate
  • Has a direct financial responsibility for your medical care
  • Has a controlling interest or is an employee of a residential facility in which you reside
  • Is under 18 years of age

If you are a resident of a long term residential health care facility, according to Delaware law SB 408, Chapter 25, Title 16, DE Code 2501, one of the witnesses must be a patient advocate or ombudsman designated by the Division of Services for Aging and Adults with Physical Disabilities or the Public Guardian.

Last Updated: Friday January 16 2009
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