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Delaware Code Title 16. Health and Safety § 2526. Judicial relief

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

(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from making a health-care decision for the individual, on a finding that the individual's appointment of the agent has been revoked or if any of the following apply: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.

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Cite this article: FindLaw.com - Delaware Code Title 16. Health and Safety § 2526. Judicial relief - last updated January 01, 2026 | https://codes.findlaw.com/de/title-16-health-and-safety/de-code-sect-16-2526/

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