Delaware § 5012 - Waiver of rights; voluntary hospitalization.
Full text of Delaware Delaware Code § 5012 — Waiver of rights; voluntary hospitalization., with citation guidance and answers to common questions.
§ 5012. Waiver of rights; voluntary hospitalization.
(a) An involuntary patient may waive any of the rights provided by this chapter if:
(1) The court determines that such waiver is voluntary and with the involuntary patient’s knowing and intelligent consent; or
(2) Where the involuntary patient is incapable of knowingly and intelligently consenting, the court, upon application by counsel and after appropriate inquiry and finding of facts, approves such waiver for good cause shown.
If the hearing provided for in § 5011 of this title is waived, the court shall enter an order of disposition in accordance with § 5011(c) of this title.
(b) If prior to any hearing the court determines that the involuntary patient has knowingly and voluntarily applied for, and has been accepted for hospitalization pursuant to § 5003 of this title, the action shall be dismissed, and § 5003 of this title shall govern.
(c) A legal guardian may not waive any right of an adult, including any right related to admission and judicial review, under this chapter.
60 Del. Laws, c. 95, § 1; 79 Del. Laws, c. 442, § 1;Source: official Delaware text · Last verified 2026-08-27
Frequently Asked Questions About Delaware § 5012
What does Delaware Code § 5012 cover?
Section 5012 ("Waiver of rights; voluntary hospitalization.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 5012?
A common citation format is "Delaware Code § 5012" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 5012 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.