Del. Code tit. 16 § 2509

Current through 2024 Legislative Session Act Chapter 269
Section 2509 - Health-care institutions and guardianships for non-acute patients
(a) A health-care institution must, as early as 3 but no later than 5 business days of determining that a patient no longer requires acute care in the health-care institution, provide a written notice to the patient, the patient's surrogate, and, if the patient does not have a surrogate, to any member of the patient's family who is reasonably available, in the descending order of priority set forth in § 2507 of this title, that the health-care institution has concluded that the non-acute patient would benefit from the appointment of a guardian, who shall be fully authorized with powers necessary to transfer the patient from acute care to less restrictive non-acute care, and that a petition for the appointment of a guardian should be filed within 10 business days of the date of the notice.
(b) If the process of appointing a guardian for the non-acute patient has not been initiated within the period set forth in the notice required under paragraph (a) of this section, the institution shall provide a second written notice to the patient, the patient's surrogate, and if the patient does not have a surrogate, to any member of the patient's family who is reasonably available, in the descending order of priority set forth in § 2507 of this title, that the petition for the appointment of a guardian must be filed within 10 business days of the date of the second notice, or the institution will initiate the process of appointing a guardian.
(c) If the process of appointing a guardian for the non-acute patient has not been initiated within the time set forth in the second notice required under paragraph (b) of this section, or if a guardian who is fully authorized with powers necessary to transfer the patient from acute care to less restrictive non-acute care has not been appointed within 30 days from the date of the filing of a petition for appointment of a guardian, the health-care institution may initiate the process of appointing a guardian.

16 Del. C. § 2509

Added by Laws 2019, ch. 270,s 1, eff. 8/6/2020.