Delaware Code Title 16 Sec. 5531 – Persons without legal guardians
(a) Consent to perform elective surgery upon a person who is receiving services from the Division of Developmental Disabilities Services (“DDDS”) may be given by the Division Director or such Director’s designee if all of the following circumstances apply:
(1) The person receiving residential services cannot give his or her own informed consent;
(2) The person receiving services has no alternative decision maker; and
(3) The person receiving residential services has no legal guardian of the person, or applicable advanced health-care directive, power of attorney, or similar legal instrument.
Terms Used In Delaware Code Title 16 Sec. 5531
- Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
- Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(b) Before giving such consent the Division Director or such Director’s designee must:
(1) Be satisfied that the elective surgery is in the best interest of the person receiving services from DDDS and is an appropriate and least intrusive treatment for the existing condition;
(2) Obtain the written recommendation for elective surgery from at least 1 physician or 1 dentist, as applicable, who are not directly employed by the DDDS; and
(3) Ensure that the person receiving services from DDDS has been informed to the extent the person is able to understand about the medical treatment or procedure suggested.
64 Del. Laws, c. 305, § ?1; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 97, § ?4; 77 Del. Laws, c. 395, §§ ?4-8;