In New Castle, Delaware a living will, also identified as a "healthcare directive" is a document which lays out directions for your family and your doctor regarding healthcare matters should you become so ill that you are unable to make or express such decisions.
This can be very advantageous in avoiding disagreements between family members who otherwise might not know what your wishes on this subject are.
For example, many people would never want to be kept alive by artificial means if they are in a vegetative state with no chance of recovery. Some, on the other hand, might want to be kept alive indefinitely, because of the slight chance of a miraculous recovery. Obviously, this is a personal decision, and one choice is not "better" than the other. Nonetheless, there is no middle ground between the two. You likely want the peace of mind that comes with knowing that, if such a matter comes up, your wishes (whatever they are) will be honored.
Moreover, if family members have various opinions of what the patient would want, this can give rise to infighting. Disagreements on such a painful subject can tear families apart. If the patient's wishes are made clear in advance, such arguments and disagreements are far less likely.
How to Create A Living Will in New Castle, Delaware
First of all, you should speak with your spouse/life partner and members of your immediate family, to discuss your wishes in this matter. If the directives in your living will ever become necessary, the procedure will go much smoother for your loved ones if there are as few surprises as possible.
You should then actually draft the will. To be sure that it is valid, you should have the assistance of a New Castle, Delaware attorney who specializes in wills.
In order to be given effect, specific formalities have to be followed when drafting a living will. Typically, the requirements are identical, or very similar to, the requirements for regular wills.
These formalities vary from state to state, but wills typically have to be witnessed and signed by at least two people who do not have a direct interest in the matter. Additionally, they should contain a clear statement indicating that the document is, in fact, a living will.
Do I Need A New Castle, Delaware Living Will Attorney?
While it's not strictly obligated, it can be very helpful to have the counsel of an efficient New Castle, Delaware attorney. A reliable lawyer will help you navigate the local laws on this subject, making it much easier for your wishes to be implemented.