DELAWARE DO-NOT-RESUSCITATE (DNR) MEDICAL DIRECTIVE

[// GUIDANCE: This template is designed for use in the State of Delaware and reflects the structure requested by the user. It is not a substitute for jurisdiction-specific statutory forms (e.g., Delaware’s DMOST Form) where those are mandated. Delaware counsel should confirm that the final instrument is compliant with Title 16, Delaware Code, current EMS protocols, and any Department of Health & Social Services regulations in force at the time of execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

Delaware Do-Not-Resuscitate Medical Directive
This Do-Not-Resuscitate Medical Directive (this “Directive”) is executed as of [EFFECTIVE DATE] (the “Effective Date”) by [PATIENT FULL LEGAL NAME], born [DOB] (the “Declarant”), whose principal residence is [ADDRESS] in the State of Delaware.

Recitals
A. Declarant desires to set forth legally binding instructions refusing cardiopulmonary resuscitation (“CPR”) and other resuscitative measures in the event of cardiopulmonary arrest.
B. This Directive is intended to be honored in all health-care settings and by Emergency Medical Services (“EMS”) personnel in Delaware, consistent with applicable Delaware statutes and EMS recognition protocols.
C. Declarant executes this Directive voluntarily, after consultation with [ATTENDING PHYSICIAN OR ADVANCED PRACTICE REGISTERED NURSE NAME] (the “Authorized Provider”).

2. DEFINITIONS

For purposes of this Directive, the following capitalized terms have the meanings set forth below. Terms defined in the singular have the same meaning when used in the plural and vice-versa.

“Authorized Provider” means the Delaware-licensed physician or advanced practice registered nurse who has counseled the Declarant regarding this Directive and who has signed the Execution Block.

“Cardiopulmonary Arrest” means the cessation of spontaneous breathing or heartbeat.

“CPR” means cardiopulmonary resuscitation, including chest compressions, defibrillation, assisted ventilation, advanced airway management, and administration of resuscitative drugs.

“Declarant” has the meaning set forth in Section 1.

“Directive” has the meaning set forth in Section 1.

“DNR” means Do-Not-Resuscitate.

“EMS” means Delaware Emergency Medical Services personnel acting within the scope of their state certification.

“Good Faith” means honest belief, without fraud, misconduct, or gross negligence.

“Health-Care Institution” means any Delaware-licensed hospital, skilled nursing facility, hospice, or other institution providing health services.

“Witness” means an individual who satisfies the requirements of Section 10.2.

3. OPERATIVE PROVISIONS

3.1 DNR Order. Declarant directs that no CPR or other resuscitative measures be attempted in the event of Cardiopulmonary Arrest. Health-care professionals and EMS personnel shall honor this Directive as a contemporaneous medical order.

3.2 Scope of Treatment. Except as expressly disallowed above, all comfort-focused and palliative treatments (e.g., pain management, airway suctioning, oxygen for comfort) are authorized.

3.3 Transfer & Disclosure. Declarant requests that a copy of this Directive be:
(a) incorporated into the Declarant’s medical record at each Health-Care Institution; and
(b) presented to EMS personnel upon arrival to any scene involving the Declarant.

3.4 Revocation. Declarant retains the right to revoke or amend this Directive at any time by:
(a) written revocation signed and dated by the Declarant;
(b) oral expression of intent to revoke in the presence of an Authorized Provider or two adult witnesses; or
(c) physical destruction of this Directive by Declarant.
Upon revocation, the Authorized Provider shall document the revocation in the medical record and notify relevant Health-Care Institutions.

3.5 Duration. This Directive remains in effect until revoked pursuant to Section 3.4 or superseded by a subsequently executed directive or Delaware DMOST form.

4. REPRESENTATIONS & WARRANTIES

4.1 Declarant’s Representations. Declarant represents that:
(a) Declarant is at least eighteen (18) years of age and of sound mind;
(b) Declarant has been fully informed of the consequences of executing this Directive; and
(c) Execution of this Directive is voluntary and not the result of duress or undue influence.

4.2 Authorized Provider’s Representation. The Authorized Provider represents that he/she has explained the medical implications of a DNR order to the Declarant and believes the Declarant has capacity to execute this Directive.

4.3 Survival. The representations and warranties herein survive execution and remain effective for the duration of this Directive.

5. COVENANTS & RESTRICTIONS

5.1 Declarant’s Covenant. Declarant covenants to distribute copies of this Directive to relevant family members, caregivers, and Health-Care Institutions.

5.2 Provider Covenant. Each Health-Care Institution receiving a copy of this Directive covenants to:
(a) place the Directive prominently in the medical record;
(b) flag the chart or electronic health record for immediate notice to clinical staff; and
(c) notify EMS dispatch, where feasible, prior to transport.

5.3 Non-Interference. No person shall impede the implementation of this Directive except as permitted by Delaware law.

6. DEFAULT & REMEDIES

6.1 Events of Default. An Event of Default occurs if a Health-Care Institution or EMS provider fails to honor this Directive without lawful justification.

6.2 Notice & Cure. Upon an Event of Default, any interested person may give written notice to the defaulting party demanding immediate compliance.

6.3 Remedies. Declarant reserves all legal and equitable remedies available under Delaware law, including injunctive relief to enforce the terms of this Directive and recovery of costs incurred in such enforcement.

6.4 Attorneys’ Fees. In any action to enforce this Directive, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Indemnification. Declarant agrees to indemnify and hold harmless any Health-Care Institution, Authorized Provider, or EMS provider that declines or withholds CPR in Good Faith reliance on this Directive (“Indemnified Parties”) from any liability, claim, or expense arising out of such reliance.

7.2 Limitation of Liability. No Indemnified Party shall be liable for any civil damages for acts or omissions made in Good Faith pursuant to this Directive, except in cases of gross negligence or willful misconduct.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Directive shall be construed in accordance with, and governed by, the laws of the State of Delaware.

8.2 Forum. Any dispute arising under this Directive shall be brought exclusively in the courts of competent jurisdiction located in the State of Delaware.

[// GUIDANCE: Arbitration, jury-trial waivers, and similar provisions are not typical for a DNR directive and have therefore been omitted in accordance with the user’s metadata.]

9. GENERAL PROVISIONS

9.1 Amendments & Waivers. Any amendment must be in writing, signed by the Declarant and one (1) Witness or a notary public. No waiver of any term shall be effective unless in writing.

9.2 Assignment. This Directive is personal to the Declarant and may not be assigned.

9.3 Severability. If any provision of this Directive is held invalid, the remaining provisions shall remain in full force.

9.4 Integration. This Directive constitutes the entire directive of the Declarant regarding resuscitation and supersedes all prior inconsistent statements, whether oral or written.

9.5 Electronic Signatures. Electronic signatures or counterparts shall be deemed original signatures to the extent permitted by Delaware law.

10. EXECUTION BLOCK

10.1 Declarant Signature

I, the undersigned Declarant, understand and agree to the terms of this Directive.

10.2 Witness Requirements

Two (2) adult Witnesses must sign below. Neither Witness may be: (i) related to the Declarant by blood, marriage, or adoption; (ii) entitled to any portion of the Declarant’s estate; (iii) directly financially responsible for the Declarant’s health care; or (iv) the attending physician, APRN, or Authorized Provider.

[// GUIDANCE: Delaware law also allows notarization in lieu of witnesses. Practitioners may substitute a notary block if preferred.]

10.3 Authorized Provider Confirmation

I confirm that I have explained the medical implications of a DNR order to the Declarant, have reviewed this Directive, and believe the Declarant is capable of informed consent.

[// GUIDANCE:
1. EMS Recognition. Delaware EMS personnel may require visual confirmation (e.g., the official DNR or DMOST form, a wallet card, or bracelet). Attach or reference any state-issued form or identification here.
2. Storage. Best practice is to store this Directive in the Delaware eMOLST/DMOST registry (if implemented) and provide copies to primary care providers, specialists, and long-term care facilities.
3. Review. Recommend the Declarant review this Directive annually or upon any significant change in health status.
]