Delaware § 2518 - Powers of agent and default surrogate.

§ 2518. Powers of agent and default surrogate.

(a) Except as provided in subsection (c) of this section, the power of an agent or default surrogate commences when the individual is found under § 2504(b) of this title or by a court to lack capacity to make a health-care decision. The power ceases if the individual later is found to have capacity to make a health-care decision, or the individual objects under § 2505(c) of this title to the finding of lack of capacity under § 2504(b) of this title. The power resumes if both of the following:

(1) The power ceased because the individual objected under § 2505(c) of this title.

(2) The finding of lack of capacity is confirmed under § 2505(d)(4) of this title or a court finds that the individual lacks capacity to make a health-care decision.

(b) An agent or default surrogate may request, receive, examine, copy, and consent to the disclosure of medical and other health-care information about the individual if the individual would have the right to request, receive, examine, copy, or consent to the disclosure of the information.

(c) A power of attorney for health care may provide that the power of an agent under subsection (b) of this section commences on appointment.

(d) (1) If no other person is authorized to do so, an agent or default surrogate may do all of the following on behalf of the individual:

a. Apply for public or private health insurance and benefits.

b. File a claim under the individual’s insurance and benefits.

c. Appeal a claim under the individual’s insurance and benefits, including an internal, administrative, or judicial appeal.

(2) An agent or default surrogate who may act under paragraph (d)(1) of this section does not, solely by reason of the power, have a duty to act under paragraph (d)(1) of this section.

(e) An agent or default surrogate may not consent to voluntary admission of the individual to a facility for mental health treatment unless both of the following:

(1) Voluntary admission is specifically authorized by the individual in an advance health-care directive in a record.

(2) The admission is for no more than the maximum of the number of days specified in the directive or 72 hours, whichever is less.

(f) Except as provided in subsection (g) of this section, an agent or default surrogate may not consent to placement of the individual in a nursing home if the placement is intended to be for more than 100 days if any of the following:

(1) An alternative living arrangement is reasonably feasible.

(2) The individual objects to the placement.

(3) The individual is not terminally ill.

(g) If specifically authorized by the individual in an advance health-care directive in a record, an agent or default surrogate may consent to placement of the individual in a nursing home for more than 100 days even if any of the following:

(1) An alternative living arrangement is reasonably feasible.

(2) The individual objects to the placement.

(3) The individual is not terminally ill.

70 Del. Laws, c. 392, §  3;  76 Del. Laws, c. 307, §  1;  84 Del. Laws, c. 467, § 1;