Delaware General Assembly

Signed 9/15/16

The General Assembly has ended, the current status is the final status.

4/14/16

Hall-Long

Reps. Bentz, Heffernan

Sen. Ennis, Hocker, Sokola
Reps. Briggs King, Dukes, Kowalko, Paradee, B. Short, Wilson

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SUPPORTED DECISION-MAKING.

This Act creates the option of a supported decision-making agreement for adults who do not need a guardian but who need assistance in gathering information, making decisions, and communicating those decisions. The Act allows these adults, called “principals” in this Act, to select and appoint one or more trusted friends or relatives or a paid provider to act as a supporter. The supporter can provide assistance and guidance on issues affecting the principal, such as coordinating health care and services; making health and service-related decisions; and dealing with housing issues, daily living activities, and routine financial matters. The supporter is not empowered to make decisions for the principal or to substitute the supporter’s judgment for the principal’s. This Act includes safeguards such as limiting who can act as a supporter and requiring a written document with disinterested witnesses. This Act gives the supporter legal status to participate in the decision-making process by gathering information and assisting the principal in making and communicating decisions. A decision or a request communicated by the supporter must be honored on the same basis as a decision or request of the principal.

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Takes effect upon being signed into law

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