A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.

Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.

In Delaware, a living will is legally recognized as an Advance Health Care Directive under Delaware Code Title 16, Chapter 25. This document allows an individual, known as the declarant, to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to a medical emergency. The directive can include instructions on administering, withholding, or withdrawing life-sustaining treatments if the declarant is in a terminal condition or permanently unconscious. Delaware law also recognizes the appointment of a health care agent through a Durable Power of Attorney for Health Care, who can make decisions on behalf of the declarant in line with their expressed wishes. Additionally, Delaware residents can issue Do Not Resuscitate (DNR) orders, which instruct medical personnel not to perform cardiopulmonary resuscitation (CPR) if the patient's heart stops or if they stop breathing. It is important for individuals to ensure that their Advance Health Care Directives and related documents are prepared in accordance with Delaware law to be legally effective.