2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 25. HEALTH-CARE DECISIONS
§ 2504 Revocation of advance health-care directive.

(a) An individual who is mentally competent may revoke all or part of an advance health-care directive:

(1) By a signed writing; or

(2) In any manner that communicates an intent to revoke done in the presence of 2 competent persons, 1 of whom is a health care provider.

(b) Any revocation that is not in writing shall be memorialized in writing and signed and dated by both witnesses. This record shall be made a part of the medical record.

(c) Any person, including, but not limited to, a health care provider, agent or guardian, who is informed of a revocation shall immediately communicate the fact of the revocation to the supervising health-care provider and to any health-care institution at which the patient is receiving care.

(d) A decree of annulment, divorce, dissolution of marriage or a filing of a petition for divorce revokes a previous designation of a spouse as an agent unless otherwise specified in the decree or in a power of attorney for health care.

(e) An advance health-care directive that conflicts with an earlier advance health-care directive revokes the earlier directive to the extent of the conflict.

(f) The initiation of emergency treatment shall be presumed to represent a suspension of an advance health-care directive while receiving such emergency treatment.

70 Del. Laws, c. 392, § 3.;