Delaware § 2512 - Default surrogate.

§ 2512. Default surrogate.

(a) A default surrogate may make a health-care decision for an individual who lacks capacity to make health-care decisions and for whom an agent, or guardian authorized to make health-care decisions, has not been appointed or is not reasonably available.

(b) Unless the individual has an advance health-care directive that indicates otherwise, a member of any of the following classes, in descending order of priority, who is reasonably available and not disqualified under § 2514 of this title, may act as a default surrogate for the individual:

(1) An adult the individual has identified, other than in a power of attorney for health care, to make a health-care decision for the individual if the individual cannot make the decision.

(2) The individual’s spouse or domestic partner, unless any of the following:

a. A petition for annulment, divorce, dissolution of marriage, legal separation, or termination has been filed and not dismissed or withdrawn.

b. A decree of annulment, divorce, dissolution of marriage, legal separation, or termination has been issued.

c. The individual and the spouse or domestic partner have agreed in a record to a legal separation.

d. The spouse or domestic partner has deserted the individual for more than 1 year.

(3) The individual’s adult child or parent.

(4) The individual’s cohabitant.

(5) The individual’s adult sibling.

(6) The individual’s adult grandchild or grandparent.

(7) An adult not listed in paragraphs (b)(1) through (b)(6) of this section who has assisted the individual with supported decision making routinely during the preceding 6 months.

(8) The individual’s adult stepchild not listed in paragraphs (b)(1) through (b)(7) of this section whom the individual actively parented during the stepchild’s minor years and with whom the individual has an ongoing relationship.

(9) An adult not listed in paragraphs (b)(1) through (b)(8) of this section who has exhibited special care and concern for the individual and is familiar with the individual’s personal values.

(c) A responsible health-care professional may require an individual who assumes authority to act as a default surrogate to provide a declaration in a record under penalty of perjury stating facts and circumstances reasonably sufficient to establish the authority.

(d) If a responsible health-care professional reasonably determines that an individual who assumed authority to act as a default surrogate is not willing or able to comply with a duty under § 2517 of this title or fails to comply with the duty in a timely manner, the professional may recognize the individual next in priority under subsection (b) of this section as the default surrogate.

(e) A health-care decision made by a default surrogate is effective without judicial approval.

84 Del. Laws, c. 467, § 1;  70 Del. Laws, c. 392, §  3;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 328, §§  1-3;  79 Del. Laws, c. 28, §  1;