Health Care Power of Attorney Requirements in Delaware

At a glance

Delaware replaced its older directive statute with the Uniform Health-Care Decisions Act (2023), 16 Del. C. chapter 25, effective September 30, 2025. The power of attorney may stand alone or share a record with health-care instructions. Section 2511 publishes an optional combined form.

Requirements one by one

Governing law and document

The Act defines a power of attorney for health care as a record in which an individual appoints an agent (§ 2502(23)). A record may be tangible or electronic, and the optional form may be used but is not mandatory (§§ 2502(25), 2511).

Who can sign

An adult or emancipated minor with capacity signs (§§ 2502(16), 2508(d)). Capacity includes recognizing the selected agent and understanding the general nature of their relationship. Delaware expressly preserves decisionmaking with appropriate services, technology, supported decision making, or other reasonable accommodation (§ 2503(a)).

The Act recognizes tangible and electronic signatures but states no directed- signer route (§§ 2502(27), 2508(d), 2516(c)).

Witnesses or notary

Current law requires one adult witness and no notary. The witness must believe the appointment is voluntary and knowing and be present for the signature or the principal's representation that the document reflects the principal's wishes (§ 2508(d)).

Presence can be physical, real-time audiovisual, or real-time audio if the witness personally knows or authenticates the principal through accurate answers (§ 2508(e)). Electronic form and electronic signatures cannot be denied effect solely because they are electronic (§ 2516(c)-(e)).

Who cannot witness or serve

The witness cannot be the agent or the agent's spouse, domestic partner, or cohabitant. If the principal resides or receives care in a nursing home or long-term care facility, the witness also cannot be its owner, operator, employee, or contractor (§ 2508(d)).

An owner, operator, employee, or contractor of that facility cannot act as agent unless family, the principal's cohabitant, or the cohabitant's descendant. Court findings of danger, abuse petitions/orders, and orders restricting contact also disqualify an agent (§ 2508(b)).

When the agent can act

Authority is springing by default. It starts when a court or a qualified professional finds the principal lacks capacity and ends upon restored capacity or the principal's objection (§ 2518(a)). Section 2504 requires a contemporaneous examination and a signed record by a trained physician, psychologist, physician associate, APRN, licensed clinical social worker, or a narrow emergency substitute.

If the principal objects, the principal is generally treated as having capacity unless a court rules otherwise, an emergency applies, or an independent second finding confirms incapacity under § 2505. The document may make only the agent's health-information access immediate (§ 2518(c)).

Powers and limits

The agent follows the directive and reasonably ascertainable goals, preferences, and wishes; otherwise the agent uses best interest (§ 2517). Health-care decisions include choosing institutions, tests, surgery, medication, artificial nutrition, hydration, ventilation, and other care (§ 2502(12)).

Special limits matter. Voluntary mental-health-facility admission requires express written authorization and lasts no longer than 72 hours or the shorter period in the directive. Nursing-home placement intended to exceed 100 days has additional restrictions unless expressly authorized (§ 2518(e)-(g)). Section 2519 also protects established artificial nutrition, hydration, or ventilation used for a long-term disability unless an enumerated condition is met.

How to revoke

While the principal has capacity to revoke, any act clearly indicating intent works, including an oral statement to a health-care professional (§ 2515(a)-(b)). A later conflicting directive revokes the earlier one to the extent of conflict.

Unless the directive says otherwise, a spouse or domestic-partner appointment is revoked by filing or entry of specified relationship proceedings, an agreed recorded separation, or desertion for more than one year (§ 2515(c)-(d)).

Out-of-state directives

A directive created outside Delaware is valid if it complies with the law of the state named in the directive—or, if none, the state where created—or with Delaware chapter 25 (§ 2516(a)).

What trips people up

• The old two-witness rule is obsolete. Current § 2508 requires one adult witness after the 2025 effective date.
• Remote witnessing is expressly allowed. Delaware permits real-time video and, with identity safeguards, audio-only presence (§ 2508(e)).
• Immediate authority is narrow. The document may make health-information access immediate; substantive health-care authority remains tied to incapacity under § 2518(a), (c).

Common questions

Do I need a notary? No. Current law requires one qualified adult witness, not notarization (§ 2508).

Can the witness participate remotely? Yes, through qualifying real-time audiovisual or authenticated audio communication (§ 2508(e)).

Can my agent admit me to a mental-health facility? Only if the directive expressly authorizes it, and then for no more than 72 hours or the shorter stated period (§ 2518(e)).

Will an out-of-state directive work? Yes, if it satisfies the law named in it, the law where created if none is named, or Delaware's chapter (§ 2516(a)).

Statutes and sources

• 16 Del. C. §§ 2501-2508 — Act, definitions, capacity, capacity findings, and execution. https://delcode.delaware.gov/title16/c025/index.html (accessed 2026-07-16)
• 16 Del. C. § 2511 — optional combined form. https://delcode.delaware.gov/title16/c025/index.html (accessed 2026-07-16)
• 16 Del. C. §§ 2515-2516 — revocation, electronic effect, and out-of-state validity. https://delcode.delaware.gov/title16/c025/index.html (accessed 2026-07-16)
• 16 Del. C. §§ 2517-2519 — duties, activation, powers, and limits. https://delcode.delaware.gov/title16/c025/index.html (accessed 2026-07-16)