Supplement to the Health-Care Decisions Act

Del. Code tit. 16, ch. 25B

in effect

Del. Code tit. 16, § 2501B Definitions.

(a) For purposes of this chapter, the definitions in § 2502 of this title apply. (b) For purposes of this chapter: (1) “Acute care” means inpatient health care. (2) “Certified peer recovery specialist” means as defined in § 10201A of this title. (3) “Protection and advocacy agency” means the Community Legal Aid Society, Inc., or the successor agency that is designated as the state protection and advocacy system under the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. § 10801 et seq.

Del. Code tit. 16, § 2502B Health-care institution authorization to petition for guardianship for an individual to whom the institution is providing care.

(a) A health-care institution may file a petition for the appointment of a guardian for an individual to whom the institution is providing acute care if all of the following: (1) The health-care institution reasonably believes that there is a basis for appointment of a guardian under § 3901(a)(2) of Title 12. (2) A surrogate is not reasonably available to make decisions for the individual. (3) The health-care institution reasonably believes that no less restrictive alternative would meet the individual’s needs. (4) The health-care institution complies with the notice requirements in this section. (b) A health-care institution shall, no later than 5 business days of making the determinations under paragraphs (a)(1) through (a)(3) of this section, provide written notice stating all of the following: (1) The health-care institution believes that there is a basis for appointment of a guardian for the individual under § 3901(a)(2) of Title 12. (2) If a surrogate who is willing and able to make health-care decisions for the individual is not found, then the health-care institution may file a petition for the appointment of a guardian for the individual. (3) The health-care institution will wait at least 10 business days from postmark date of this notice before filing the petition, unless needed earlier to avoid imminent loss of life or serious harm to the individual. (c) The notice under subsection (b) of this section must be sent to all of following: (1) The individual. (2) A reasonably available individual who could serve as a default surrogate under § 2512 of this title. (d) A health-care institution may file a petition for the appointment of a guardian for the individual beginning 11 business days from postmark date on the notice under subsection (b) of this section, unless needed earlier to avoid imminent loss of life or serious harm to the individual.

Del. Code tit. 16, § 2503B Advance mental health-care directive awareness.

(a) A health-care institution providing mental health care to an individual shall do all of the following: (1) Determine whether the individual has an advance mental health-care directive. (2) Make informational materials about advance mental health-care directives available to the individual. (3) Prompt the individual to review any existing advance mental health-care directive or to consider creating an advance mental health-care directive. (4) Assist individuals who express an interest in discussing or creating an advance mental health-care directive by helping them create the directive or by offering resources about how a directive may be created. (b) Contingent on the provision of funds from the Behavioral Health Consortium, the protection and advocacy agency shall offer training to health-care institutions, health-care professionals, and certified peer recovery specialists about advance mental health-care directives. (c) As provided in subsection (d) of this section, a health-care institution, health-care professional, or certified peer recovery specialist may assist an individual with creating an advance mental health-care directive. (d) A health-care institution, health-care professional, or certified peer recovery specialist must attend the training under subsection (b) of this section before assisting an individual with creating an advance mental health-care directive. (e) If provided in compliance with this section, any assistance that a health-care institution, health-care professional, or certified peer recovery specialist provide an individual with creating an advance mental health-care directive may not be deemed the practice of law.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c025b/index.htmlFetched: 10/4/2026