October 2025 Newsletter

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From The Certified Elder Law Attorney's Desk:

Delaware Uniform Health-Care Decisions Act (UHCDA), Reshaping Decision-Making in Delaware

By: Catherine B. Read Esquire, CELA*

The Delaware Uniform Health-Care Decisions Act (DUHCDA) makes significant changes!

WILMINGTON — The Delaware Uniform Health-Care Decisions Act (UHCDA) is a sweeping overhaul of Delaware’s medical decision-making law took effect Tuesday, September 30th, changing how families, health-care providers and patients handle treatment choices when someone lacks capacity to make their own decisions.

At the heart of the law is the advance directive — a legal document that allows people to outline their wishes for medical care and designate someone to make health decisions if they cannot. An advance directive typically includes a living will describing what treatments a patient does or does not want, and a health-care power of attorney naming a trusted “Health Care Agent” to carry out those instructions.

“An advance directive is your voice when you can’t speak for yourself,” said Catherine B. Read, Esquire, a Certified Elder Law Attorney with Estate & Elder Law Services in Greenville, Delaware and member of the Special Needs Alliance®. “It helps families avoid conflict in a crisis and gives doctors clear guidance about what you want. Without one, decisions can be left to people who may not know"...

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