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).