16 Del. C. § 5531: Persons without legal guardians.

(a) Consent to perform elective surgery upon a person who is receiving services from the Division of Developmental Disabilities Services (“DDDS”) may be given by the Division Director or such Director’s designee if all of the following circumstances apply:

(1) The person receiving residential services cannot give that person’s informed consent.

(2) The person receiving services has no alternative decision maker.

(3) The person receiving residential services has no legal guardian of the person, or applicable “advance health-care directive,” as defined under § 2502 of this title, or similar legal instrument.

(b) Before giving such consent the Division Director or such Director’s designee must:

(1) Be satisfied that the elective surgery is in the best interest of the person receiving services from DDDS and is an appropriate and least intrusive treatment for the existing condition;

(2) Obtain the written recommendation for elective surgery from at least 1 physician or 1 dentist, as applicable, who are not directly employed by the DDDS; and

(3) Ensure that the person receiving services from DDDS has been informed to the extent the person is able to understand about the medical treatment or procedure suggested.