§ 2519 — Limitation on powers

(a) If an individual has a long-term disability requiring routine treatment by artificial nutrition, hydration, or mechanical ventilation and a history of using the treatment without objection, an agent or default surrogate may not consent to withhold or withdraw the treatment unless any of the following:

(1) The treatment is not necessary to sustain the individual’s life or maintain the individual’s well-being.

(2) The individual has expressly authorized the withholding or withdrawal in a health-care instruction that has not been revoked.

(3) The individual has experienced a major reduction in health or functional ability from which the individual is not expected to recover, even with other appropriate treatment, and the individual has not done either of the following:

a. Given a direction inconsistent with withholding or withdrawal.

b. Communicated by verbal or nonverbal expression a desire for artificial nutrition, hydration, or mechanical ventilation.

(b) A default surrogate may not make a health-care decision if, under other law of this State, the decision either:

(1) May not be made by a guardian.

(2) May be made by a guardian only if the court appointing the guardian specifically authorizes the guardian to make the decision.

Legislative History

63 Del. Laws, c. 386, § 1 ; 64 Del. Laws, c. 204, § 8 ; 69 Del. Laws, c. 345, § 5 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 392, §§ 3, 4 ; 79 Del. Laws, c. 204, § 2 ; 81 Del. Laws, c. 207, § 3 ; 84 Del. Laws, c. 467, § 1