Delaware Code Title 16. Health and Safety § 2511A. Modification or revocation of DMOST forms

(a) A patient with decision-making capacity, may, at any time, void that patient's own completed DMOST form or otherwise request alternative treatment to the treatment that was ordered on the DMOST form.

(b) If the orders in a patient’s completed DMOST form regarding the use of any intervention specified therein conflict with the patient’s more recent oral or written directive to the patient’s health-care practitioner, the health-care practitioner shall honor the more recent directive from the patient in accordance with the provisions of subsection (d) of this section.

(c) The patient’s authorized representative may, at any time after the patient loses decision-making capacity and after consultation with the patient’s health-care practitioner, request the health-care practitioner to modify or void the completed DMOST form, or otherwise request alternative treatment to the treatment that was ordered on the DMOST form, as the patient’s authorized representative deems necessary to reflect the patient’s health status or goals of care, unless the patient expressly limits the authorized representative’s authority to modify or void the completed DMOST form.  The DMOST form shall provide the patient with the option to authorize or not to authorize the patient’s authorized representative to void or modify the patient’s completed DMOST form if the patient who has a completed DMOST form loses decision-making capacity.  If the patient indicates on the DMOST form that the authorized representative is not authorized to void or modify the patient’s completed DMOST form, the patient’s authorized representative may not do so.

(d) A DMOST form may only be modified in consultation with the patient’s health-care practitioner in accordance with the provisions of the applicable regulations.