Delaware has joined a growing number of states that permit terminally ill individuals to make decisions about the timing and manner of their death. On May 20, 2025, House Bill 140—the End-of-Life Options Act—was signed into law. The legislation allows adult Delawareans with a qualifying terminal illness and decision-making capacity to request and self-administer medication intended to end their lives.
While the law emphasizes patient autonomy and dignity, it also raises important questions for individuals engaged in estate planning, particularly around the role and limits of agents appointed under advance health care directives (AHCDs).
Key Legal Provisions
Under the new law:
- The individual must be an adult Delaware resident diagnosed with a terminal illness with a life expectancy of six months or less.
- The individual must be mentally capable of making informed healthcare decisions.
- The request process includes two oral requests, at least 15 days apart, and one written request witnessed by two disinterested individuals (at least one of whom is not related to or financially connected to the individual) and confirmation that coercion is not present. At any time, the request may be rescinded.
- The medication must be self-administered by the individual. No one else, whether a health care provider, a family member, or an appointed agent, may administer it on his or her behalf.
The full text of the law is available here: HB 140 – End-of-Life Options Act.
Common Client Concerns
Can an appointed Agent under an AHCD Request the Medication?
No. The statute explicitly states that the request must come directly from the individual. No third party may initiate the request or act on the individual’s behalf, even as an appointed agent under an advance health care directive. The law requires the individual to retain decision-making capacity throughout the process and to act independently.
This is a critical distinction for estate planning clients to understand: AHCDs remain valid and important for many aspects of end-of-life care, but they cannot be used in connection with a request for life-ending medication under this law.
Does the End-Of-Life Options Law limit or invalidate my AHCD?
No. Your AHCD is still valid and controlling with respect to all aspects of the AHCD including the appointment of your medical agent, end-of-life instructions, and organ donation etc.
Planning Ahead
Clients considering end-of-life options should take the following steps.
- Review Advance Directives: Ensure your AHCD reflects your current wishes, while understanding its limitations under this law.
- Discuss with Your AHCD Agent: While your appointed agent cannot act on your behalf under the Act, clear communication about your preferences remains essential.
- Plan Early: If you do not have an AHCD, consider giving our office a call for an estate planning consultation.
This is a critical distinction for estate planning clients to understand: AHCDs remain valid and important for many aspects of end-of-life care, but they cannot be used in connection with a request for life-ending medication under this law.
