Delaware General Assembly

Senate Health & Social Services 5/28/26

Awaiting consideration in Committee

5/28/26

Seigfried

Rep. Neal

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ADVANCE HEALTH CARE DIRECTIVES.

This Act makes a technical correction to the optional special powers form in the Uniform Health Care Decisions Act in Title 16. Currently, the existing language in the form implies any number of days can be written in to the advance directive when designating a maximum length of time for a mental health care related admission. However, under § 2518(e) of Title 16, an agent or default surrogate may not consent to voluntary admission of an individual to a facility for mental health treatment for longer than 72 hours. This Act removes the open-ended language in the form, so that a voluntary admission to a mental health facility by an agent may not exceed 72 hours.

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