§ 9703 - Form and execution
§ 9703. Form and execution
(a) An adult with capacity may execute an advance directive at any time.
(b) The advance directive shall be dated, executed by the principal or by another individual in the principal's presence at the principal's express direction if the principal is physically unable to do so, and signed in the presence of two or more witnesses at least 18 years of age, who shall sign and affirm that the principal appeared to understand the nature of the document and to be free from duress or undue influence at the time the advance directive was signed.
(c) Neither the agent appointed by the principal nor the principal's spouse, reciprocal beneficiary, parent, adult sibling, adult child, or adult grandchild may witness the advance directive.
(d) An advance directive shall not be effective if, at the time of execution, the principal is being admitted to or is a resident of a nursing home as defined in section 7102 of Title 33 or a residential care facility unless an ombudsman, a recognized member of the clergy, an attorney licensed to practice in this state, or a probate court designee signs a statement affirming that he or she has explained the nature and effect of the advance directive to the principal. It is the intent of this subsection to ensure that residents of nursing homes and residential care facilities are willingly and voluntarily executing advance directives.
(e) An advance directive shall not be effective if, at the time of execution, the principal is being admitted to or is a patient in a hospital, unless an ombudsman, a recognized member of the clergy, an attorney licensed to practice in this state, a probate court designee, or an individual designated under subsection 9709(c) of this title by the hospital signs a statement that he or she has explained the nature and effect of the advance directive to the principal.
(f) A durable power of attorney for health care, terminal care document, or advance directive executed prior to the enactment of this chapter shall be a valid advance directive if the document complies with the statutory requirements in effect at the time the document was executed or with the provisions of this chapter. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005.)