2021 Delaware Code
Title 16 - Health and Safety
Chapter 25A. Delaware Medical Orders for Scope of Treatment Act
§ 2514A. Safeguards.
Any individual or entity may petition the Court of Chancery for appointment of a guardian of the person of a patient if that individual or entity has good reason to believe that the withdrawal or withholding of health care in a particular case:
(1) Is contrary to the most recent expressed wishes of a patient;
(2) Is predicated on an incorrect assessment of the patient's decision-making capacity;
(3) Is being proposed pursuant to a DMOST form that has been falsified, forged, or coerced;
(4) Is being considered without knowledge of a revocation of a completed DMOST form which has been unlawfully concealed, destroyed, altered, or cancelled; or
(5) Is based on a patient's status either as an individual with a preexisting long-term mental or physical disability, or as an individual who is economically disadvantaged.
