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Are advance directives mandatory?

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:

  1. Spouse
  2. Adult child
  3. Parent
  4. Adult brother or sister
  5. Adult grandchild
  6. Adult niece or nephew
  7. 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).