2018 Delaware Code
Title 16 - Health and Safety
CHAPTER 94A. SUPPORTED DECISION-MAKING
§ 9405A. Supported decision-making agreements.

(a) An adult may enter into a supported decision-making agreement if all of the following apply:

(1) The adult enters into the agreement voluntarily and without coercion or undue influence.

(2) The adult understands the nature and effect of the agreement.

(b) A supported decision-making agreement must include all of the following:

(1) Designation of at least 1 supporter.

(2) The types of decisions for which the supporter is authorized to assist.

(3) The types of decisions, if any, for which the supporter may not assist.

(c) A supported decision-making agreement may include any of the following:

(1) Designation of more than 1 supporter.

(2) Provision for an alternate to act in the place of a supporter in such circumstances as may be specified in the agreement.

(3) Authorization for a supporter to share information with any other supporter named in the agreement, as a supporter believes is necessary.

(d) A supported decision-making agreement is valid only if all of the following occur:

(1) The agreement is in a writing that contains the elements of the form developed by the Department of Health and Social Services as required under § 9410A(a) of this title.

(2) The agreement is dated.

(3) Each party to the agreement signed the agreement in the presence of 2 adult witnesses.

(e) The 2 adult witnesses required by paragraph (d)(3) of this section may not be any of the following:

(1) A supporter for the principal.

(2) An employee or agent of a supporter named in the supported decision-making agreement.

(3) Any person who does not understand the type of communication the principal uses, unless an individual who understands the principal's means of communication is present to assist during the execution of the supported decision-making agreement.

(f) A supported decision-making agreement must contain a separate declaration signed by each supporter named in the agreement indicating all of the following:

(1) The supporter's relationship to the principal.

(2) The supporter's willingness to act as a supporter.

(3) The supporter's acknowledgement of the duties of a supporter under this chapter.

(g) A supported decision-making agreement may authorize a supporter to assist the principal to decide whether to give or refuse consent to care within the meaning of Chapter 25 of this title.

(h) A principal or a supporter may revoke a supported decision-making agreement at any time in writing and with notice to the other parties to the agreement.

(i) An authorization in a supported decision-making agreement may be prospectively limited or abrogated, in whole or part, by a judicial determination that the principal lacks the capacity to engage in the making of specific decisions covered by the agreement despite the assistance of a supporter.

80 Del. Laws, c. 427, § 1.