Del. Code tit. 16 § 2504

Current through 2024 Legislative Session Act Chapter 269
Section 2504 - Revocation of advance health-care directive
(a) An individual who is mentally competent may revoke all or part of an advance health-care directive:
(1) By a signed writing; or
(2) In any manner that communicates an intent to revoke done in the presence of 2 competent persons, 1 of whom is a health care provider.
(b) Any revocation that is not in writing shall be memorialized in writing and signed and dated by both witnesses. This record shall be made a part of the medical record.
(c) Any person, including, but not limited to, a health care provider, agent or guardian, who is informed of a revocation shall immediately communicate the fact of the revocation to the supervising health-care provider and to any health-care institution at which the patient is receiving care.
(d) A decree of annulment, divorce, dissolution of marriage or a filing of a petition for divorce revokes a previous designation of a spouse as an agent unless otherwise specified in the decree or in a power of attorney for health care.
(e) An advance health-care directive that conflicts with an earlier advance health-care directive revokes the earlier directive to the extent of the conflict.
(f) The initiation of emergency treatment shall be presumed to represent a suspension of an advance health-care directive while receiving such emergency treatment.

16 Del. C. § 2504

70 Del. Laws, c. 392, § 3.;