Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 9401A. Short title.
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§ 9401A. Short title. This chapter may be cited as the “Supported Decision-Making Act.”80 Del. Laws, c. 427, § 1;
16 Del. C. § 9402A. Purpose; interpretation.
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§ 9402A. Purpose; interpretation. (a) The purpose of this chapter is to do all of the following: (1) Provide assistance in gathering and assessing information, making informed decisions, and communicating decisions to adults who do not need a guardian or other substitute decision…
16 Del. C. § 9403A. Definitions.
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§ 9403A. Definitions. For the purposes of this chapter: (1) “Adult” means an individual who is 18 years of age or older. (2) “Affairs” means personal, health care, and financial matters arising in the course of activities of daily living and includes all of the following: a. Thos…
16 Del. C. § 9404A. Presumption of capability.
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§ 9404A. Presumption of capability. (a) All adults are presumed to be capable of managing their affairs and to have capacity unless otherwise determined by the Court of Chancery. (b) The manner in which an adult communicates with others is not grounds for deciding that the adult …
16 Del. C. § 9405A. Supported decision-making agreements.
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§ 9405A. Supported decision-making agreements. (a) An adult may enter into a supported decision-making agreement if all of the following apply: (1) The adult enters into the agreement voluntarily and without coercion or undue influence. (2) The adult understands the nature and ef…
16 Del. C. § 9406A. Supporters.
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§ 9406A. Supporters. (a) Except as otherwise provided by a supported decision-making agreement, a supporter may do all of the following: (1) Assist the principal in understanding information, options, responsibilities, and consequences of the principal’s life decisions, including…
16 Del. C. § 9407A. Recognition of supporters.
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§ 9407A. Recognition of supporters. A decision or request made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized for the purposes of any provision of law as the decision or request of the principal and may be enforced by the pr…
16 Del. C. § 9408A. Limitation of liability.
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§ 9408A. Limitation of liability. A person who in good faith acts in reliance on an authorization in a supported decision-making agreement, or who in good faith declines to honor an authorization in a supported decision-making agreement, is not subject to civil or criminal liabil…
16 Del. C. § 9409A. Access to information.
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§ 9409A. Access to information. (a) A supporter may assist the principal with obtaining any information to which the principal is entitled, including, with a signed and dated specific consent, protected health information under the Health Insurance Portability and Accountability …
16 Del. C. § 9410A. Forms; regulatory authority.
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§ 9410A. Forms; regulatory authority. (a) The Department of Health and Social Services shall develop the forms necessary to implement this chapter. (b) The Secretary of the Department of Health and Social Services may promulgate regulations necessary to implement this chapter.80 …