{"data":{"id":"us-de/16-del.-c.-2514","jurisdiction":"us-de","citation":"16 Del. C. § 2514","heading":"Disqualification to act as default surrogate.","body":"(a) An individual for whom a health-care decision would be made may disqualify another individual from acting as default surrogate for the first individual. The disqualification must be in a record signed by the first individual or communicated verbally or nonverbally to the individual being disqualified, another individual, or a responsible health-care professional. Disqualification under this subsection is effective even if made by an individual who lacks capacity to make an advance directive if the individual clearly communicates a desire that the individual being disqualified not make health-care decisions for the individual.\n(b) An individual is disqualified from acting as a default surrogate for an individual who lacks capacity to make health-care decisions if any of the following apply:\n(1) A court finds that the potential default surrogate poses a danger to the individual’s well-being, even if the court does not issue a protection from abuse order against the potential default surrogate.\n(2) The potential default surrogate is an owner, operator, employee, or contractor of a nursing home or long-term care facility in which the individual is residing or receiving care unless the owner, operator, employee, or contractor is a family member of the individual, the cohabitant of the individual, or a descendant of the cohabitant.\n(3) The potential default surrogate refuses to provide a timely declaration under § 2512(c) of this title.\n(4) The individual has a pending protection from abuse petition against the potential default surrogate.\n(5) The individual has a protection from abuse order against the potential default surrogate.\n(6) The potential default surrogate is the subject of a civil or criminal order prohibiting or limiting contact with the individual.","path":["Title 16. Health and Safety","Regulatory Provisions Concerning Public Health","CHAPTER 25. Uniform Health-Care Decisions Act"],"source_url":"https://delcode.delaware.gov/title16/c025/index.html#2514","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:21Z","sha256":"0397b0d1b53a2b21fb0a2e69f769617d47dc7f29ccb9a4dc47866c12595c62a1","source_id":"us-de","stale":true,"prev":"us-de/16-del.-c.-2513","next":"us-de/16-del.-c.-2515"},"notice":"GroundRules: Original legal text. Not legal advice."}