Notary for Advance Directive

Many of the mobile notarizations I perform include healthcare proxy documents like an advance directive, living will and/or 5 Wishes.  I typically meet the Principal, Agent(s) and witnesses at a hospital, assisted living facility or private residence.  

• An advance directive is a legal document authorizing another person to act as one's Agent or Attorney-in-Fact for health care related decisions.  

• Healthcare POAs are usually put in place in order to name a chosen party to make decisions in case of an anticipated or feared disability.

• The Healthcare POA can become effective immediately or the power can pass to the attorney(s)-in-fact only in the event that the individual becomes incapacitated.  

Witnesses for an Advance Directive

• In Delaware, it is optional to have an Advance Directive notarized, but they require two witnesses.   The coordination of having two unrelated adults serve as witnesses can make this  this component the most difficult part. 

• If the principal is 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.

• A credible witness must not:
  • be related by marriage, blood or adoption
  • be under 18 years in age 
  • be entitled to or have a claim against any portion of the principal's estate
  • have a direct financial responsibility for principal's medical care
  • have a controlling interest in or be an employee of a residential facility in which the principal resides

• Staff at hospitals, nursing homes and assisted living facilities are prohibited from serving as witness  

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

To schedule the mobile notarization of an advance directive, living will, 5 Wishes or similar healthcare power of attorney, call or text Jamie Campbell at 302-750-9678.

DISCLAIMER

In accordance with Delaware Code Title 29, Chapter 43, Subchapter II, § 4336 (d) (2): 

I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.