§ 2508 — Power of attorney for health care

Delaware § 2508

• Jurisdiction: Delaware
• Title: 16
• Part: Regulatory Provisions Concerning Public Health
• Ch. 25: Uniform Health-Care Decisions Act

Text

(a) An individual may create a power of attorney for health care to appoint an agent to make health-care decisions for the individual.

(b) An individual is disqualified from acting as agent for an individual who lacks capacity to make health-care decisions if any of the following apply:

(1) A court finds that the potential agent poses a danger to the individual’s well-being, even if the court does not issue a protection from abuse order against the potential agent.

(2) The potential agent is an owner, operator, employee, or contractor of a nursing home or long-term care facility in which the individual resides or is receiving care, unless the owner, operator, employee, or contractor is a family member of the individual, the cohabitant of the individual, or a descendant of the cohabitant.

(3) The individual has a pending protection from abuse petition against the potential agent.

(4) The individual has a protection from abuse order against the potential agent.

(5) The potential agent is the subject of a civil or criminal order prohibiting or limiting contact with the individual.

(c) A health-care decision made by an agent is effective without judicial approval.

(d) A power of attorney for health care must be in a record, signed by the individual creating the power, and signed by an adult witness who satisfies all of the following:

(1) Reasonably believes the act of the individual to create the power of attorney is voluntary and knowing.

(2) Is not the agent appointed by the individual.

(3) Is not the agent’s spouse, domestic partner, or cohabitant.

(4) If the individual resides or is receiving care in a nursing home or long-term care facility, is not the owner, operator, employee, or contractor of the nursing home or long-term care facility.

(5) Is present when the individual signs the power of attorney or when the individual represents that the power of attorney reflects the individual’s wishes.

(e) A witness under subsection (d) of this section is considered present if the witness and the individual are any of the following:

(1) Physically present in the same location.

(2) Using electronic means that allow for real time audio and visual transmission and communication in real time to the same extent as if the witness and the individual were physically present in the same location.

(3) Able to speak to and hear each other in real time through audio connection if the identity of the individual is personally known to the witness or the witness is able to authenticate the identity of the individual by receiving accurate answers from the individual that enable the authentication.

(f) A power of attorney for health care may include a health-care instruction.

Legislative History

84 Del. Laws, c. 467, § 1