Delaware Code Title 16. Health and Safety § 2502B. Health-care institution authorization to petition for guardianship for an individual to whom the institution is providing care

(1) The health-care institution reasonably believes that there is a basis for appointment of a guardian under § 3901(a)(2) of Title 12.

(2) A surrogate is not reasonably available to make decisions for the individual.

(3) The health-care institution reasonably believes that no less restrictive alternative would meet the individual's needs.

(4) The health-care institution complies with the notice requirements in this section.

(1) The health-care institution believes that there is a basis for appointment of a guardian for the individual under § 3901(a)(2) of Title 12.

(2) If a surrogate who is willing and able to make health-care decisions for the individual is not found, then the health-care institution may file a petition for the appointment of a guardian for the individual.

(3) The health-care institution will wait at least 10 business days from postmark date of this notice before filing the petition, unless needed earlier to avoid imminent loss of life or serious harm to the individual.

(1) The individual.

(2) A reasonably available individual who could serve as a default surrogate under § 2512 of this title.