State Laws and Legislation

Delaware Healthcare Laws

In Delaware, a same-sex partner may make decisions on behalf of his or her incapacitated partner only if none of the other designated individuals (spouse, adult child, parent, etc.) are available, as "an adult who has exhibited special care and concern for the patient." § 2507.

An adult may execute an advance health-care directive which gives his or her partner the authority to make medical decisions. The directive must be in writing, signed by the declarant, dated, and witnessed by two or more witnesses. § 2503.

Citation: Health-Care Decisions: Del. Code Ann. tit. 16, §§ 2501 to 2518

Updated: Fri, May 02, 2008 - 12:00:00