(a) Anyone who 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 declarant;

(2) Is being proposed pursuant to an advance health-care directive that has been falsified, forged or coerced; or

(3) Is being considered without the benefit of a revocation which has been unlawfully concealed, destroyed, altered or cancelled;

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Terms Used In Delaware Code Title 16 Sec. 2511

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Oversight: Committee review of the activities of a Federal agency or program.

may petition the Court of Chancery for appointment of a guardian for such declarant.

(b) The Department of Health and Social Services and the Public Guardian shall have oversight over any advance health-care directive executed by a resident of a long-term care facility, as defined in § 1102 of this title. Such advance health-care directive shall have no force nor effect if the declarant is a resident of a long-term care facility, as defined in § 1102 of this title, at the time the advance health-care directive is executed unless 1 of the witnesses is a person designated as a patient advocate or ombudsperson by the Department of Health and Social Services. The patient advocate or ombudsperson must have the qualifications required of other witnesses under this chapter except as provided in § 2508 of this title.

63 Del. Laws, c. 386, § ?1; 64 Del. Laws, c. 204, § ?8; 69 Del. Laws, c. 345, § ?5; 70 Del. Laws, c. 186, § ?1; 70 Del. Laws, c. 392, §§ ?3, 4; 79 Del. Laws, c. 204, § ?2; 81 Del. Laws, c. 207, § 3;