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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

16 Del. C. § 9408A: Limitation of liability.

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Where this section sits in the code
  1. Title 16. Health and Safety
  2. Individuals with Disabilities
  3. CHAPTER 94A. Supported Decision-Making

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 liability or to discipline for unprofessional conduct for any of the following:

(1) Complying with an authorization in a supported decision-making agreement based on an assumption that the underlying supported decision-making agreement was valid when made and has not been revoked or abrogated under § 9405A of this title.

(2) Declining to comply with an authorization in a supported decision-making agreement based on actual knowledge that the agreement is invalid or has been revoked or abrogated under § 9405A of this title.

(3) Declining to comply with an authorization related to health care in a supported decision-making agreement because the action proposed to be taken under the agreement is contrary to the conscience or good faith medical judgment of the person or to a written policy of a health-care institution that is based on reasons of conscience.

Collected 2026-09-05T23:02:23Z. Source file · JSON

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