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Published By Kathleen DeLacy

March 10, 2026

Two people holding hands in a hospital bed with a nurse looking on.

In 2025, Delaware enacted a new law allowing certain terminally ill individuals to choose medical aid in dying, commonly referred to as a “death with dignity” option. The legislation, also known as The Ron Silverio/Heather Block End of Life Options Act, was passed as House Bill 140 and signed into law.

The law permits eligible adults with terminal illnesses to request medication that they can voluntarily self-administer to end their lives in a peaceful and controlled manner. Delaware is among several other jurisdictions that have legalized this practice and has integrated medical aid in dying into the standard for end-of-life care, which they claim has improved the quality of services by providing an additional palliative care option to terminally ill individuals, after years of legislative debate and advocacy.

Under the act, several requirements must be met before an individual can receive the medication:

  • The individual must be an adult Delaware resident.
  • The individual has made an informed decision to voluntarily request medication to end their life.
  • The individual must have a terminal illness.
  • The individual’s physician must have confirmed that the individual has a terminal condition, has decision-making capacity, and acted voluntarily.
  • The person must personally request the medication, including 2 oral requests and 1 written request, and may rescind the request at any time.
  • Waiting periods and additional safeguards are required before the prescription can be issued.
  • The law also states that no one else, such as a family member, agent, or legal guardian, can request the medication on an individual’s behalf.

The act became effective immediately upon being signed into law, with implementation no later than January 1, 2026.

As expected, the legislation has generated significant debate. Supporters argue that it provides compassion, personal autonomy, and relief from suffering for people facing terminal illness. Opponents, including some disability rights and religious organizations, have raised concerns about potential pressure on vulnerable individuals and the ethical implications of assisted dying.

Because end-of-life laws often intersect with estate planning documents, healthcare directives, and family decision-making authority, it is important to understand how these rules may affect your personal planning. Individuals and families may benefit from reviewing their existing estate plans, advance healthcare directives, and related documents to ensure they reflect their wishes and comply with current law.

If you have questions about how Delaware’s new end-of-life options law may impact your estate planning or healthcare decision-making documents, please contact RRD Estate Partner Kathleen DeLacy at kdelacy@regerlaw.com or 302-477-7100.