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Who witnesses the signing of an advance directive?

Two people must witness the signing of your advance directive form. A witness cannot be anyone who:

  • Is related to you by blood, marriage, or adoption
  • Is entitled to any portion of your estate
  • Has a claim against any portion of your estate
  • Has a direct financial responsibility for your medical care
  • Has a controlling interest or is an employee of a residential facility in which you reside

If you are a resident of a long term residential health care facility, one of the witnesses must be designated as a patient advocate or ombudsperson by the Department of Health and Social Services.

For more information about witnessing the signing of an advance directive, see Delaware Code Title 16 Subsection 2503 and Subsection 2511.