Will Laws
Delaware
Will Laws
Delaware
Here you will find legal terms and their application by state as this can vary depending on where you live.
Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.
State Law Citation and Title
DE CODE Tit 12 § 501 to 511Delaware Code Title 12, Part III, Chapter 5 (Intestate Succession)
State Law Statute
16 §2501, et seq. Health Care Decisions
Specific Powers
Right to refuse medical or surgical treatment via written declaration instructing any physician to cease or refrain from medical or surgical treatment
Revocation Duration
A living will is revocable at any time without regard to declarants mental state or competency by:- destruction of the declaration with intent to revoke
- an oral statement in presence of 2 persons 18 years or older expressing intent to revoke
- written revocation signed and dated by declarant
- creation of a new declaration with contrary intent
- receipt of emergency treatment
Reciprocity
A living will declaration executed in another state is considered valid, if it is valid under the laws of that state.