§ 2517 — Duties of agent and default surrogate

(a) An agent or default surrogate has a fiduciary duty to the individual for whom the agent or default surrogate is acting when exercising or purporting to exercise a power under § 2518 of this title.

(b) An agent or default surrogate shall make a health-care decision in accordance with the direction of the individual in an advance health-care directive and other goals, preferences, and wishes of the individual to the extent known or reasonably ascertainable by the agent or default surrogate.

(c) If there is not a direction in an advance health-care directive and the goals, preferences, and wishes of the individual regarding a health-care decision are not known or reasonably ascertainable by the agent or default surrogate, the agent or default surrogate shall make the decision in accordance with the agent’s or default surrogate’s determination of the individual’s best interest.

(d) In determining the individual’s best interest under subsection (c) of this section, the agent or default surrogate shall do all of the following:

(1) Give primary consideration to the individual’s contemporaneous communications, including verbal and nonverbal expressions.

(2) Consider the individual’s values to the extent known or reasonably ascertainable by the agent or default surrogate.

(3) Consider the risks and benefits of the potential health-care decision.

(e) As soon as reasonably feasible, an agent or default surrogate who is informed of a revocation of an advance health-care directive or disqualification of the agent or default surrogate shall communicate the revocation or disqualification to a responsible health-care professional.

Legislative History

70 Del. Laws, c. 392, § 3 ; 84 Del. Laws, c. 467, § 1