An involuntary patient is entitled to change that patient’s own status to that of a voluntary patient if a member of the staff of the facility certifies that:

1. (1) The patient is reasonably capable of understanding the nature of the decision to change status; and
2. (2) Such a change is in the patient’s best interest. If such a change in status is challenged within 2 days by the patient’s next of kin or legal representative, the court will schedule a hearing to finally determine the matter.

73 Del. Laws, c. 358, § 2; 70 Del. Laws, c. 186, § 1