Delaware § 5531 Persons without legal guardians

Delaware Statutes

§ 5531 — Persons without legal guardians

Delaware § 5531

JurisdictionDelaware

Title16

PartMental Health

Ch. 55PERSONS DIAGNOSED WITH INTELLECTUAL DISABILITIES AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES

Subch.Consent for Elective Surgery

This text of Delaware § 5531 (Persons without legal guardians) 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, § 5531 (2026).

Text

(a)Consent to perform elective surgery upon a person who is receiving services from the Division of Developmental Disabilities Services (“DDDS”) may be given by the Division Director or such Director’s designee if all of the following circumstances apply:

(1)The person receiving residential services cannot give that person’s informed consent.

(2)The person receiving services has no alternative decision maker.

(3)The person receiving residential services has no legal guardian of the person, or applicable “advance health-care directive,” as defined under § 2502 of this title, or similar legal instrument.

(b)Before giving such consent the Division Director or such Director’s designee must:

(1)Be satisfied that the elective surgery is in the best interest of the person receiving ser

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Consent to perform elective surgery upon a person who is receiving services from the Division of Developmental Disabilities Services (“DDDS”) may be given by the Division Director or such Director’s designee if all of the following circumstances apply:

(1) The person receiving residential services cannot give that person’s informed consent.

(2) The person receiving services has no alternative decision maker.

(3) The person receiving residential services has no legal guardian of the person, or applicable “advance health-care directive,” as defined under § 2502 of this title, or similar legal instrument.

(b) Before giving such consent the Division Director or such Director’s designee must:

(1) Be satisfied that the elective surgery is in the best interest of the person receiving services from DDDS and is an appropriate and least intrusive treatment for the existing condition;

(2) Obtain the written recommendation for elective surgery from at least 1 physician or 1 dentist, as applicable, who are not directly employed by the DDDS; and

(3) Ensure that the person receiving services from DDDS has been informed to the extent the person is able to understand about the medical treatment or procedure suggested.

Legislative History

64 Del. Laws, c. 305, § 1 ; 70 Del. Laws, c. 186, § 1 ; 73 Del. Laws, c. 97, § 4 ; 77 Del. Laws, c. 395, §§ 4-8 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 91, § 8