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DE SB230

Bill

Status

Passed

9/15/2016

Primary Sponsor

Bethany Hall-Long

Click for details

Origin

Senate

148th General Assembly

AI Summary

  • Establishes the Supported Decision-Making Act in Delaware, creating a legal framework for adults to enter into agreements with "supporters" who assist with decision-making in personal, health care, and financial matters without requiring guardianship or full substitute decision-making authority.

  • Requires supported decision-making agreements to be in writing, dated, signed by all parties in the presence of 2 adult witnesses, and contain designation of at least 1 supporter and the types of decisions for which assistance is authorized.

  • Prohibits certain individuals from serving as supporters, including persons directly providing paid support services to the principal (except immediate family members), employers or employees (except immediate family members), and individuals subject to protective orders against the principal.

  • Grants supporters authority to help principals understand information, access records, obtain support services, and communicate decisions, but prohibits supporters from making decisions on behalf of the principal or exerting undue influence.

  • Provides legal protection for third parties who in good faith comply with or decline to honor authorizations in supported decision-making agreements, and establishes that the Department of Health and Social Services shall develop forms and regulations to implement the chapter.

Legislative Description

An Act To Amend Title 16 Of The Delaware Code Relating To Supported Decision-making.

Last Action

Signed by Governor

9/15/2016

Committee Referrals

Health & Human Development6/30/2016
Health & Social Services4/14/2016

Full Bill Text

No bill text available