Estate Planning Law

Should My New Advance Directive For Health Care Be Filed With The State Department Of Health Or Chancery Court?

The State Department of Health no longer files Living Wills. You are not required to file an Advance Directive for Health Care with any court. Some families decide to file power of attorney documents with the Chancery Court to make the documents a matter of public record. Even though it isn’t necessary to file the Advance Health Care Directive, you should keep the signed original in a safe place. Give a copy to your agent, your alternate agent and your physician. Tell your agent where the original document is stored. If you enter a hospital or nursing home, you should have a copy placed in your files at that facility. You may also want clergy, family, friends, and/or your attorney to have a copy. The law does provide that a copy of the document can be used as a substitute for the original.