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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.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified estate planning lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local estate planning attorney to discuss your specific legal situation.