Free Delaware Medical Power of Attorney Forms
It’s good to have a clear idea of how you want to manage your healthcare, especially as you get older. But what happens if you become mentally incompetent and are no longer able to make sound decisions on your own? If you, the principal, have a **power of attorney **(POA), you can designate an **agent **or **healthcare **proxy to act on your behalf.
Here’s everything you need to know about medical POAs in Delaware.
Delaware Medical Power of Attorney Laws
Delaware Code Title 16: Health and Safety - Regulatory Provisions Concerning Public Health, Chapter 25: Healthcare Decisions - the law dictates how a medical POA in Delaware is executed and implemented. The law explains, “An advance healthcare directive shall become effective only upon a determination that the declarant lacks capacity, and when the advance healthcare directive is to be applied to the providing, withholding or withdrawal of a life-sustaining procedure, the advance healthcare directive shall become effective only upon a determination that the declarant lacks capacity and has a qualifying condition” (§2503: Advance Healthcare Directives).
Signing Requirements in Delaware
For the POA to be legal in Delaware, it must be in writing and the principal must sign and date the document in front of at least two adult witnesses. Local statutes identify an ineligible witness as someone who is: “...related to the declarant by blood, marriage, or adoption; is entitled to any portion of the estate of the declarant under any will or trust of the declarant or codicil thereto then existing nor, at the time of the executing of the power of attorney for health-care…” (Delaware Code §2503).
How To Write a Medical POA in Delaware
The document** acts** as proof of the authority bestowed on the agent to make medical decisions on behalf of the principal. Here are the steps for writing a medical POA in Delaware:
1. Choose an Agent
The agent has a very important role in a POA. They will make medical decisions on your behalf. These decisions typically encompass your medications, treatments, and procedures. So, choose someone you trust with your health and life.
Many will select a close family member like their spouse, sibling, child, or a close relative. It makes sense since they usually have the principal’s best interests at heart. However, it can also be an emotional burden since the responsibility may include making end-of-life care decisions like the withdrawal of life support. Hence, another option is to appoint someone who isn’t related.
Take time to mull over the decision before asking someone to be your agent.
2. Discuss the Responsibilities With Your Agent
Even during incapacity, an **agent **must still make decisions according to the principal’s instructions. It’s thus important to discuss your healthcare plans with your agent.
What types of surgeries or procedures are a must? What treatments would you prefer not to undergo? Answers to these questions must be laid out clearly. Tackle the difficult issues while you still can. Give your **agent **the opportunity to air out their questions and concerns so that they’re equipped to make the decisions you want even if you become incapacitated.
Compensation is another topic that must be discussed. Though not all agents receive compensation, especially if they are family members, offering compensation is the standard practice. They can also be refunded for expenses while performing their duties for you. Decide on amounts and make sure they are reflected in your POA.
3. Download the Delaware Medical POA Template
For your convenience, download a printable template of the Delaware Medical POA. Make sure the format is acceptable in the state. Fill out the **form **with the appropriate details, including your healthcare plan and wishes.
4. Sign the Document
Sign the Delaware Medical POA and don’t forget to write the date. If you are unable to physically sign the document, ask someone to sign on your behalf in your presence. The signing must also be witnessed by at least two adults.
5. Use the Document
The Delaware Medical POA serves as the agent’s official permission to make medical arrangements on your behalf. It takes effect on the day you sign the document, unless it states otherwise, and will continue to be effective even when you become mentally incompetent.