Delaware § 2505 Notice of finding of lack of capacity; right to object

Delaware Statutes

§ 2505 — Notice of finding of lack of capacity; right to object

Delaware § 2505

Title16

PartRegulatory Provisions Concerning Public Health

Ch. 25Uniform Health-Care Decisions Act

This text of Delaware § 2505 (Notice of finding of lack of capacity; right to object) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 16, § 2505 (2026).

Text

(a)As soon as reasonably feasible, an individual who makes a finding under § 2504(b) of this title shall inform the individual about whom the finding was made or the individual’s responsible health-care professional of the finding.

(b)As soon as reasonably feasible, a responsible health-care professional who is informed of a finding under § 2504(b) of this title shall inform the individual about whom the finding was made and the individual’s surrogate.

(c)An individual found under § 2504(b) of this title to lack capacity may object to the finding in any of the following ways:

(1)By orally informing a responsible health-care professional.

(2)In a record provided to a responsible health-care professional or the health-care institution in which the individual resides or is receiving

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(a) As soon as reasonably feasible, an individual who makes a finding under § 2504(b) of this title shall inform the individual about whom the finding was made or the individual’s responsible health-care professional of the finding.

(b) As soon as reasonably feasible, a responsible health-care professional who is informed of a finding under § 2504(b) of this title shall inform the individual about whom the finding was made and the individual’s surrogate.

(c) An individual found under § 2504(b) of this title to lack capacity may object to the finding in any of the following ways:

(1) By orally informing a responsible health-care professional.

(2) In a record provided to a responsible health-care professional or the health-care institution in which the individual resides or is receiving care.

(3) By another act that clearly indicates the individual’s objection.

(d) If the individual objects under subsection (c) of this section, the finding under § 2504(b) of this title is not sufficient to rebut a presumption of capacity in § 2504(a) of this title and the individual must be treated as having capacity unless any of the following:

(1) The individual withdraws the objection.

(2) A court finds the individual lacks the presumed capacity.

(3) The individual is experiencing a health condition requiring a decision regarding health-care treatment to be made promptly to avoid imminent loss of life or serious harm to the health of the individual.

(4) Subject to subsection (e) of this section, the finding is confirmed by a second finding made by an individual authorized under § 2504(b)(1) of this title who satisfies all of the following:

a. Did not make the first finding.

b. Is not a family member of the individual who made the first finding.

c. Is not the cohabitant of the individual who made the first finding or a descendant of the cohabitant.

d. Section 2504(b)(2) through (b)(3) of this title.

(e) A second finding that the individual lacks capacity under paragraph (d)(4) of this section is not sufficient to rebut the presumption of capacity if the individual is requesting the provision or continuation of life-sustaining treatment and the finding is being used to make a decision to withhold or withdraw the treatment.

(f) As soon as reasonably feasible, a health-care professional who is informed of an objection under subsection (c) of this section shall do both of the following:

(1) Communicate the objection to a responsible health-care professional.

(2) Document the objection and the date of the objection in the individual’s medical record or communicate the objection and the date of the objection to an administrator with responsibility for medical records of the health-care institution providing health care to the individual, who shall document the objection and the date of the objection in the individual’s medical record.