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Delaware Revocation of Statutory Advance Health Care Directive

Delaware Revocation of Statutory Advance Health Care Directive

Q: When can a physician go against the patient&#039;s advance directives?

A physician may go against the patient s advance directives in emergencies when immediate action is necessary to preserve life or health, and there is no time to consult the document. Additionally, if the advance directive is deemed to be out of date or legally inadequate, a physician may disregard it. Familiarizing yourself with the Delaware Revocation of Statutory Advance Health Care Directive can help you understand the implications of such situations.

Q: Can a physician go against the patient&#039;s advance directives?

While physicians typically must adhere to a patient&#039;s advance directives, there are certain circumstances where they may question its applicability. If a directive contradicts current medical standards or poses harm, a physician might withhold compliance. Understanding the nuances of the Delaware Revocation of Statutory Advance Health Care Directive can help you avoid these situations.

Category:

Power of Attorney - Healthcare - Revocations

State:

Delaware

Control #:

DE-P021B

Format:

Instant download

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Description

This form provides for partial or total revocation of the Advanced Health-Care Directive provided for in Form DE-P021, that allows you to give instructions regarding your health care, name someone to make health care decisions for you, express your wishes regarding anatomical gifts and designate a primary care physician. An individual who is mentally competent may revoke all or part of an advance health-care directive by a signed writing or in any manner that communicates an intent to revoke done in the presence of two competent persons, one of whom is a health care provider. Any revocation that is not in writing must be memorialized in writing and signed and dated by both witnesses. See Delaware Code 16-2504.

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How to fill out Delaware Revocation Of Statutory Advance Health Care Directive?

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FAQ

Yes, medical providers can ignore advance directives in certain circumstances, particularly in cases where the directive is unclear or conflicts with medical ethics. For example, if a directive specifies a treatment that is not medically viable, providers may choose not to follow it. It’s crucial to grasp the nuances of the Delaware Revocation of Statutory Advance Health Care Directive to ensure that your healthcare wishes are respected.

A physician may go against the patient’s advance directives in emergencies when immediate action is necessary to preserve life or health, and there is no time to consult the document. Additionally, if the advance directive is deemed to be out of date or legally inadequate, a physician may disregard it. Familiarizing yourself with the Delaware Revocation of Statutory Advance Health Care Directive can help you understand the implications of such situations.

Yes, a medical power of attorney can override an advance directive if the appointed agent acts according to the patient's best interests and within the authority granted to them. This means that if there are changes in the patient’s condition or new information emerges, the agent may make decisions that differ from the advance directive. Understanding both documents, including the Delaware Revocation of Statutory Advance Health Care Directive, is vital for clarity in medical decisions.

A healthcare provider can reject an advance directive if they believe it contradicts their ethical beliefs or professional standards. For example, if a provider feels that following the directive would result in harm or violate their conscience, they may refuse to comply. It's essential to know your rights regarding the Delaware Revocation of Statutory Advance Health Care Directive to navigate these situations effectively.

A physician may choose not to honor an advance directive due to various reasons, such as a lack of clarity in the document or its legal validity. Additionally, if the directive conflicts with established medical guidelines or standards of care, this may also come into play. Understanding the specific guidelines around Delaware Revocation of Statutory Advance Health Care Directive can help clarify why such decisions are made.

An advance directive can be overruled in specific situations, particularly if the patient's current medical condition is different from what they outlined earlier. For instance, if the patient's wishes conflict with new medical evidence or treatments that could significantly improve their quality of life. Additionally, if a legal authority finds a directive invalid, it may also be set aside. It is crucial to understand how Delaware Revocation of Statutory Advance Health Care Directive works in these situations.

Ultimately, it is the responsibility of your healthcare providers to follow your advance directive, but others, like family members or health care proxies, can also play a role in advocating for your wishes. To ensure that your directives are respected, consider discussing your wishes with loved ones and healthcare professionals. Utilizing services like US Legal Forms can help you create clear, effective directives that guide your care.

Advanced directives, including the Delaware Revocation of Statutory Advance Health Care Directive, are legally binding, but they can be changed. As long as you meet state requirements for revocation or amendment, your directives can reflect your current wishes. It's essential to stay informed and periodically review your directives for any necessary updates.

While physicians typically must adhere to a patient's advance directives, there are certain circumstances where they may question its applicability. If a directive contradicts current medical standards or poses harm, a physician might withhold compliance. Understanding the nuances of the Delaware Revocation of Statutory Advance Health Care Directive can help you avoid these situations.

An advance directive can be deemed invalid for several reasons, including lack of proper signatures, failure to meet state requirements, or if the patient had not been competent when establishing it. If you suspect your advance directive may be questioned, reviewing it against the Delaware Revocation of Statutory Advance Health Care Directive guidelines is essential. Consulting platforms like US Legal Forms can assist in ensuring your document's validity.

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Revocation of Statutory Advance Health Care Directive

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE DELAWARE CODE

ADVANCE HEALTH CARE DIRECTIVE (Â§Â§ 16-2501 through 16-2518)

An "advance health-care directive" is an individual instruction or a power of attorney for health care, or both.

An "agent" is an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power.

"Artificial nutrition and hydration" is supplying food and water through a conduit, such as a tube or intravenous line where the recipient is not required to chew or swallow voluntarily, including, but not limited to, nasogastric tubes, gastrostomies, jejunostomies and intravenous infusions. Artificial nutrition and hydration does not include assisted feeding, such as spoon or bottle feeding.

"Capacity" is an individual's ability to understand the significant benefits, risks and alternatives to proposed health care and to make and communicate a health-care decision.

A "declarant" is a person who executes an advance health care directive.

"Health care" is any care, treatment, service or procedure to maintain, diagnose or otherwise affect an individual's physical or mental condition.

A "health-care decision" is a decision made by an individual or the individual's agent, surrogate or guardian regarding the individual's health care, including:

Selection and discharge of health-care providers and institutions;

Acceptance or refusal of diagnostic tests, surgical procedures, programs of medication and orders not to resuscitate; and

Directions to provide, withhold or withdraw artificial nutrition and hydration and all other forms of health care.

An "individual instruction" is an individual's direction concerning a health-care decision for the individual.

A "life sustaining procedure" is any medical procedure, treatment or intervention that:

Utilizes mechanical or other artificial means to sustain, restore, or supplant a spontaneous vital function; and

Is of such a nature as to afford a patient no reasonable expectation of recovery from a terminal condition or permanent unconsciousness.

"Medically ineffective treatment" is treatment that, to a reasonable degree of medical certainty, a medical procedure will not:

Prevent or reduce the deterioration of the health of an individual; or

Prevent the impending death of an individual.

A"power of attorney for health care" means the designation of an agent to make health-care decisions for the individual granting the power.

A "qualifying condition" is the existence of one or more of the following conditions in the patient, certified in writing in the patient's medical record by the attending physician and by at least one other physician who, when the condition in question is "permanently unconscious" shall be a board certified neurologist and/or neurosurgeon:

"Terminal condition" is any disease, illness or condition sustained by any human being for which there is no reasonable medical expectation of recovery and which, as a medical probability, will result in the death of such human being regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life or the life processes.

"Permanently unconscious" or "permanent unconsciousness" is a medical condition that has existed for at least four weeks and that has been diagnosed in accordance with currently accepted medical standards and with reasonable medical certainty as total and irreversible loss of consciousness and capacity for interaction with the environment. The term includes, without limitation, a persistent vegetative state or irreversible coma.

A "surrogate" is an adult individual or individuals who has capacity, is reasonably available, is willing to make health care decisions, including decisions to initiate, refuse to initiate, continue or discontinue the use of a life sustaining procedure on behalf of a patient who lacks capacity, and is identified by the attending physician in accordance with this chapter as the person or persons who are to make those decisions.

An individual, legally adult, who is mentally competent, has the right to refuse medical orsurgical treatment if such refusal is not contrary to existing public health laws.

An adult who is mentally competent may:

Give an individual instruction. The instruction may be limited to take effect only if a specified condition arises; and/or

Execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity.

An advance health-care directive must be:

In writing;

Signed by the declarant or by another person in the declarant's presence and at the declarant's expressed direction;

Dated;

Signed in the presence of two or more adult witnesses, neither of whom:

Is related to the declarant by blood, marriage or adoption;

Is entitled to any portion of the estate of the declarant under any will or trust of the declarant or codicil thereto then existing nor, at the time of the executing of the power of attorney for health care, is entitled thereto by operation of law then existing;

Has, at the time of the execution of the advance health care directive, a present or inchoate claim against any portion of the estate of the declarant;

Has a direct financial responsibility for the declarant's medical care; or

Has a controlling interest in or is an operator or an employee of a health care institution at which the declarant is a patient or resident.

Each witness to the advance health-care directive must state in writing that he or she is not prohibited from being a witness.

An advance health-care directive becomes effective only upon a determination that a declarant lacks capacity, and when the advance health-care directive is to be applied to the providing, withholding or withdrawal of a life sustaining procedure, it becomes effective only upon a determination that the declarant lacks capacity and has a qualifying condition.

An advance health-care directive ceases to be effective upon a determination that the declarant has recovered capacity.

A determination that an individual lacks or has recovered capacity that affects an individual instruction or the authority of an agent must be made by the primary physician or other physician(s) as specified in a written health-care directive.

A power of attorney for health care may include a provision accommodating an individual's religious or moral beliefs. That provision may designate a person other than a physician to certify in a notarized document that the individual lacks or has recovered capacity.

An agent must make a health-care decision to treat, withdraw or withhold treatment on behalf of the patient after consultation with the attending physician or with the person other than a physician designated by the principal and in accordance with the principal's individual instructions, if any, and other wishes to the extent known to the agent. If the patient's instructions or wishes are not known or clearly applicable, the agent's decision must conform as closely as possible to what the patient would have done or intended under the circumstances.

Unless related to the principal by blood, marriage or adoption, an agent may not have a controlling interest in or be an operator or employee of a residential long term health-care institution at which the principal is receiving care.

A written advance health-care directive may include the individual's nomination of a guardian of the person.

A life sustaining procedure may not be withheld or withdrawn from a patient known to be pregnant, so long as it is probable that the fetus will develop to be viable outside the uterus with the continued application of a life sustaining procedure.

An individual who is mentally competent may revoke all or part of an advance health-care directive:

By a signed writing; or

In any manner that communicates an intent to revoke done in the presence of two competent persons, 1 of whom is a health care provider.

Any revocation that is not in writing must be memorialized in writing and signed and dated by both witnesses.

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.

An advance health-care directive that conflicts with an earlier advance health-care directive revokes the earlier directive to the extent of the conflict.

An individual is presumed to have capacity to make a health-care decision and to give or revoke an advance health-care directive.

A copy of an advance health-care directive or revocation of an advance health-care directive, has the same effect as the original.

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