DE HB42

Expands the definition of surrogate decision-makers to include adult aunts and uncles in the priority hierarchy when no designated surrogate or agent is available.

Allows close friends to make health care decisions for patients in acute care settings or Department of Health and Social Services clients when no eligible family members are reasonably available, without requiring court appointment as guardian.

Requires close friends acting as surrogates to file an affidavit stating they are a close friend, willing to be involved in health care, and have maintained regular contact demonstrating familiarity with the patient's activities, health, personal values and morals.

Excludes paid caregivers from serving as surrogate decision-makers for close friends.

Directs the Department of Health and Social Services to promulgate a regulatory form affidavit for individuals proposing to act as surrogates when no family members are reasonably available.