Are advance directives mandatory?

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Completing an Advance Health Care Directive form is strictly voluntary.

If you have not given advance instructions for your health care, or have not named an agent in a health care power of attorney, and you become unable to make your own decisions, a surrogate will be asked to make those decisions for you.

The persons listed below would be asked to assume the role of surrogate in the following order of priority:

Spouse
Adult child
Parent
Adult brother or sister
Adult grandchild
Adult niece or nephew
Adult aunt or uncle

Under specific circumstances, a close friend may also act in the role of surrogate.

For more information, see Delaware Code Title 16 Subsection 2507 (Surrogates).

Are advance directives mandatory?

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