DelawareSB 93153rd General Assembly (2024–2026)SenateWALLET

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

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Clear rules on who can decide

Beginning September 30, 2025, the law sets who has top priority to decide your care when you lack capacity. It recognizes advance directives and medical powers, including valid out‑of‑state documents that name an agent. That authorized person can sign a DMOST for you when you cannot. Providers and programs use this definition for consent and background checks.

Facilities must honor your care wishes

Beginning September 30, 2025, licensed facilities must honor valid advance directives, medical powers, and DMOST forms. If a resident is incompetent or cannot communicate, rights pass to an authorized representative. That person can be an agent, a court guardian, a default surrogate, or a DMOST‑authorized person. Rights shift only as allowed by state or federal rules.

Mark your license for care wishes

Beginning September 30, 2025, the DMV lets you mark your license or ID for medical conditions. This includes noting that you have an advance directive or a DMOST. Recognized out‑of‑state DMOST orders also qualify. This helps first responders and providers see your care wishes.

Public Guardian help when none available

Beginning September 30, 2025, the Public Guardian can be appointed when no suitable private decision‑maker exists. A court can also appoint the Public Guardian if an available person is unsuitable. The court must find that appointment is in the person’s best interest. The Public Guardian can recommend a willing private or nonprofit guardian after reviewing the case. They can also refer to a representative payee or VA fiduciary when appropriate.

Who can share victim‑service records

Beginning September 30, 2025, if a victim‑service client lacks capacity, records can be shared with consent from the proper agent or guardian. If the client has capacity, only the client can consent.

Most changes start September 30, 2025

The law takes effect on September 30, 2025. Unless a section lists another date, each change starts then.

DDDS decisions when no guardian

Beginning September 30, 2025, DDDS has a clear fallback to select a default surrogate if no guardian or directive exists. The DDDS Director can consent to elective surgery when three things are true. The resident cannot give consent, has no other decision‑maker, and has no guardian or advance directive. The law also removes a past ban that blocked some people with protective orders from serving. This adds options but may worry some clients who sought those orders.

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