(a) On petition of an individual, the individual’s surrogate, a health-care professional or health-care institution providing health care to the individual, or a person interested in the welfare of the individual, the court may:
- (1) Enjoin implementation of a health-care decision made by an agent or default surrogate on behalf of the individual, on a finding that the decision is inconsistent with §§ 2517 and 2518 of this title.
(2) Enjoin an agent from making a health-care decision for the individual, on a finding that the individual’s appointment of the agent has been revoked or if any of the following apply:
- a. The agent is disqualified under § 2508(b) of this title.
- b. The agent is unwilling or unable to comply with § 2517 of this title.
- c. The agent poses a danger to the individual’s well-being.
- d. The agent has a pending protection from abuse petition filed against them by the individual,
- e. The individual has a protection from abuse order against the agent.
- f. The agent is the subject of a civil or criminal order prohibiting or limiting contact with the individual.
(3) Enjoin another individual from acting as a default surrogate, on a finding that § 2512 of this title was not complied with or if any of the following apply:
- a. The other individual is disqualified under § 2514 of this title.
- b. The other individual is unwilling or unable to comply with § 2517 of this title.
- c. The other individual poses a danger to the first individual’s well-being.
- d. The other individual has a pending protection from abuse petition filed against them by the individual.
- e. The individual has a protection from abuse order against the other individual.
- f. The other individual is subject to a civil or criminal order prohibiting contact with the individual.
(4) Order implementation of a health-care decision made either:
- a. By and for the individual.
- b. By an agent or default surrogate who is acting in compliance with the powers and duties of the agent or default surrogate.
- (b) In this chapter, advocacy for the withholding or withdrawal of health care or mental health care from an individual is not itself evidence that an agent or default surrogate, or a potential agent or default surrogate, poses a danger to the individual’s well-being.
- (c) A proceeding under this section is governed by the rules of the Court of Chancery.
63 Del. Laws, c. 386, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 392, §§ 3, 6; 84 Del. Laws, c. 467, § 1