Delaware Code Title 16 Sec. 9404A – Presumption of capability
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(a) All adults are presumed to be capable of managing their affairs and to have capacity unless otherwise determined by the Court of Chancery.
Terms Used In Delaware Code Title 16 Sec. 9404A
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult’s affairs.
(c) Execution of a supported decision-making agreement may not be used as evidence of incapacity and does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement.