DelawareSB 93153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 12, TITLE 16, TITLE 21, AND TITLE 31 OF THE DELAWARE CODE RELATING TO THIRD-PARTY DECISION MAKING.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

More access to a Public Guardian

Beginning September 30, 2025, Delaware expands access to a Public Guardian for people who cannot make decisions. Appointment remains a last resort when no suitable person is willing or able to serve. The roles considered include agents under financial or health-care powers of attorney, surrogates, guardians, benefit payees, and veterans’ benefit fiduciaries. A court can also appoint the Public Guardian after finding sufficient cause that an available or serving decision maker is unsuitable. The court must also find that the appointment is in the person’s best interest.

Disability services remove one representative ban

Beginning September 30, 2025, Delaware removes one ban on alternative decision makers for people receiving developmental disability services. The former ban covered people named in a recipient’s protection-from-abuse petition or subject to a civil or criminal no-contact order. Those circumstances no longer trigger this specific disqualification, expanding who may be considered but removing that safeguard. Other applicable requirements remain; the repeal does not cancel a no-contact order.

New decision rules for care residents

Beginning September 30, 2025, representatives exercise long-term-care residents’ rights when federal law requires representation or Delaware’s legal presumption of capacity is rebutted. Authority passes only as consistent with each right. Priority starts with an advance health-care directive, then a court-appointed guardian, then a default surrogate. Next comes authority under medical treatment orders, then a sponsoring agency or benefit payee selected under Social Security law. The care facility itself cannot serve as the representative payee under this rule.

Medical care notices on Delaware IDs

Beginning September 30, 2025, qualifying care documents support a medical-condition notice on Delaware driver’s licenses and ID cards. These include a prehospital advance care directive or Delaware Medical Orders for Scope of Treatment. An out-of-state order qualifies only after it becomes effective under Delaware’s medical-order law. You must request the notice when applying for or renewing your license or ID.

Representatives can approve sharing service records

Beginning September 30, 2025, specified representatives can consent to sharing confidential service records when the recipient lacks legal capacity. They include agents authorized under Delaware’s power-of-attorney or health-care decision laws, default surrogates, and legal guardians. These representatives can approve disclosure on the recipient’s behalf.

Sponsors & Cosponsors

Sponsor

Nicole Poore
Democratic • Senate

Cosponsors

Daniel Cruce
Democratic • Senate
Debra Heffernan
Democratic • House
Kyra L. Hoffner
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

House vote • 6/26/2025

Passed (SM required)

Yes: 40 • No: 0

Senate vote • 5/15/2025