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Delaware Code Title 16. Health and Safety § 2509. Advance mental health-care directive

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) An individual may create an advance health-care directive that addresses only mental health care for the individual.  The directive may include a health-care instruction, a power of attorney for health care, or both.

(b) A health-care instruction under this section may include the individual's preferences for mental health care, including preferences regarding any of the following:

(1) General philosophy and objectives regarding mental health care.

(2) Specific goals, preferences, and wishes regarding the provision, withholding, or withdrawal of a form of mental health care, including all of the following:

a. Preferences regarding professionals, programs, and facilities.

b. Admission to a mental-health facility, including duration of admission.

c. Preferences regarding medications.

d. Refusal to accept a specific type of mental health care, including a medication.

e. Preferences regarding crisis intervention.

(c) A power of attorney for health care under this section may appoint an agent to make decisions only for mental health care.

(d) An individual may direct in an advance mental health-care directive that, if the individual is experiencing a psychiatric or psychological event specified in the directive, the individual may not revoke the directive or a part of the directive.

(e) If an advance mental health-care directive includes a direction under subsection (d) of this section, the advance mental health-care directive must be in a record that is separate from any other advance health-care directive created by the individual and signed by the individual creating the advance mental health-care directive and at least 2 adult witnesses who satisfy all of the following:

(1) Attest that to the best of their knowledge, the individual understood the nature and consequences of the direction, including its risks and benefits.

(2) Attest that to the best of their knowledge, the individual made the direction voluntarily and without coercion or undue influence.

(3) Are not the agent appointed by the individual.

(4) Are not the agent's spouse, domestic partner, or cohabitant.

(5) If the individual resides in a nursing home or long-term care facility, are not the owner, operator, employee, or contractor of the nursing home or long-term care facility.

(6) Are physically present in the same location as the individual.

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Cite this article: FindLaw.com - Delaware Code Title 16. Health and Safety § 2509. Advance mental health-care directive - last updated January 01, 2026 | https://codes.findlaw.com/de/title-16-health-and-safety/de-code-sect-16-2509/

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