§ 2515 — Revocation

(a) An individual may revoke the appointment of an agent, the designation of a default surrogate, or a health-care instruction in whole or in part, unless any of the following:

(1) A court finds the individual lacks capacity to do so.

(2) The individual is found under § 2504(b) of this title to lack capacity to do so and, if the individual objects to the finding, the finding is confirmed under § 2505(d)(4) of this title.

(3) The individual created an advance mental health-care directive that includes the provision under § 2509(d) of this title and the individual is experiencing the psychiatric or psychological event specified in the directive.

(b) Revocation under subsection (a) of this section may be by any act of the individual that clearly indicates that the individual intends to revoke the appointment, designation, or instruction, including an oral statement to a health-care professional.

(c) Except as provided in § 2510 of this title, an advance health-care directive of an individual that conflicts with another advance health-care directive of the individual revokes the earlier directive to the extent of the conflict.

(d) Unless otherwise provided in an individual’s advance health-care directive appointing an agent, the appointment of a spouse or domestic partner of an individual as agent for the individual is revoked if any of the following:

(1) A petition for annulment, divorce, dissolution of marriage, legal separation, or termination has been filed and not dismissed or withdrawn.

(2) A decree of annulment, divorce, dissolution of marriage, legal separation, or termination has been issued.

(3) The individual and the spouse or domestic partner have agreed in a record to a legal separation.

(4) The spouse or domestic partner has deserted the individual for more than 1 year.

Legislative History

70 Del. Laws, c. 392, § 3 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 328, §§ 1-3 ; 79 Del. Laws, c. 28, § 1 ; 84 Del. Laws, c. 467, § 1