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Del. Code tit. 16, § 2514A

Safeguards

Known as the Delaware Medical Orders for Scope of Treatment Act

The act spans §§ 16–16 (21 sections).

80 Del

Any individual or entity may petition the Court of Chancery for appointment of a guardian of the person of a patient if that individual or entity has good reason to believe that the withdrawal or withholding of health care in a particular case:

(1) Is contrary to the most recent expressed wishes of a patient;

(2) Is predicated on an incorrect assessment of the patient’s decision-making capacity;

(3) Is being proposed pursuant to a DMOST form that has been falsified, forged, or coerced;

(4) Is being considered without knowledge of a revocation of a completed DMOST form which has been unlawfully concealed, destroyed, altered, or cancelled; or

(5) Is based on a patient’s status either as an individual with a preexisting long-term mental or physical disability, or as an individual who is economically disadvantaged.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.