Delaware § 2514 Disqualification to act as default surrogate

Delaware Statutes

§ 2514 — Disqualification to act as default surrogate

Delaware § 2514

Title16

PartRegulatory Provisions Concerning Public Health

Ch. 25Uniform Health-Care Decisions Act

This text of Delaware § 2514 (Disqualification to act as default surrogate) 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, § 2514 (2026).

Text

(a)An individual for whom a health-care decision would be made may disqualify another individual from acting as default surrogate for the first individual. The disqualification must be in a record signed by the first individual or communicated verbally or nonverbally to the individual being disqualified, another individual, or a responsible health-care professional. Disqualification under this subsection is effective even if made by an individual who lacks capacity to make an advance directive if the individual clearly communicates a desire that the individual being disqualified not make health-care decisions for the individual.

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

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(a) An individual for whom a health-care decision would be made may disqualify another individual from acting as default surrogate for the first individual. The disqualification must be in a record signed by the first individual or communicated verbally or nonverbally to the individual being disqualified, another individual, or a responsible health-care professional. Disqualification under this subsection is effective even if made by an individual who lacks capacity to make an advance directive if the individual clearly communicates a desire that the individual being disqualified not make health-care decisions for the individual.

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

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

(2) The potential default surrogate is an owner, operator, employee, or contractor of a nursing home or long-term care facility in which the individual is residing or 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 potential default surrogate refuses to provide a timely declaration under § 2512(c) of this title.

(4) The individual has a pending protection from abuse petition against the potential default surrogate.

(5) The individual has a protection from abuse order against the potential default surrogate.

(6) The potential default surrogate is the subject of a civil or criminal order prohibiting or limiting contact with the individual.