Delaware § 5183 Devolution of rights

Delaware Statutes

§ 5183 — Devolution of rights

Delaware § 5183

JurisdictionDelaware

Title16

PartMental Health

Ch. 51THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Subch.Community Mental Health Treatment Act

This text of Delaware § 5183 (Devolution of rights) 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, § 5183 (2026).

Text

Consistent with the nature of each right in § 5182 of this title, the entitlement may devolve to the patient representative. Authority to act on behalf of patients who are minors may be exercised by the minor’s parent, guardian, or custodian. Authority to act on behalf of an adult patient may be exercised by a guardian acting within the scope of appointment or through an agent acting pursuant to a valid power of attorney, health-care directive, or similar instrument. In the absence of such authorized representative, if the patient’s physician determines that the patient is incapable of exercising rights under this subchapter due to mental or physical incapacity, authority to exercise rights under this subchapter will be determined under § 2512 of this title.

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Consistent with the nature of each right in § 5182 of this title, the entitlement may devolve to the patient representative. Authority to act on behalf of patients who are minors may be exercised by the minor’s parent, guardian, or custodian. Authority to act on behalf of an adult patient may be exercised by a guardian acting within the scope of appointment or through an agent acting pursuant to a valid power of attorney, health-care directive, or similar instrument. In the absence of such authorized representative, if the patient’s physician determines that the patient is incapable of exercising rights under this subchapter due to mental or physical incapacity, authority to exercise rights under this subchapter will be determined under § 2512 of this title.