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Code · Delaware · Title 16 — Health and Safety

§ 2502B. Health-care institution authorization to petition for guardianship for an individual to whom the institution is providing care.

305 words·~1 min read·/de/title-16/2502b

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A health-care institution may file a petition for the appointment of a guardian for an individual to whom the institution is providing acute care if all of the following:
(1)The health-care institution reasonably believes that there is a basis for appointment of a guardian under § 3901(a)(2) of Title 12.
(2)A surrogate is not reasonably available to make decisions for the individual.
(3)The health-care institution reasonably believes that no less restrictive alternative would meet the individual’s needs.
(4)The health-care institution complies with the notice requirements in this section.
(b)A health-care institution shall, no later than 5 business days of making the determinations under paragraphs (a)(1) through (a)(3) of this section, provide written notice stating all of the following:
(1)The health-care institution believes that there is a basis for appointment of a guardian for the individual under § 3901(a)(2) of Title 12.
(2)If a surrogate who is willing and able to make health-care decisions for the individual is not found, then the health-care institution may file a petition for the appointment of a guardian for the individual.
(3)The health-care institution will wait at least 10 business days from postmark date of this notice before filing the petition, unless needed earlier to avoid imminent loss of life or serious harm to the individual.
(c)The notice under subsection
(b)of this section must be sent to all of following:
(1)The individual.
(2)A reasonably available individual who could serve as a default surrogate under § 2512 of this title.
(d)A health-care institution may file a petition for the appointment of a guardian for the individual beginning 11 business days from postmark date on the notice under subsection
(b)of this section, unless needed earlier to avoid imminent loss of life or serious harm to the individual.
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