§ 2518A Capacity.

16 DE Code § 2518A (2019) (N/A)
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(a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify or void a DMOST form.

(b) A determination that a patient lacks decision-making capacity must be made by a physician, and if a patient’s authorized representative is executing the DMOST form such determination by a physician shall be required.

80 Del. Laws, c. 18, § 1.