Devolution of rights [For application of this section, see 85 Del. Laws, c. 485, § 5].
Del. Code tit. 16, § 1122
in effectWhere consistent with the nature of each right in § 1121 of this title, particularly as they pertain to a resident adjudicated incompetent in accordance with Delaware law, if the resident is determined to need a representative under federal law, or the presumption of the resident’s capacity is rebutted under § 2504 of this title, all rights devolve to the resident’s authorized representative, as established under any of the following:
(1) An advance health-care directive, as defined under § 2502 of this title.
(2) [Repealed.]
(3) A court-appointed guardian pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court.
(4) A default surrogate appointed under Chapter 25 of this title.
(5) An individual who is otherwise authorized under applicable law to make the health-care decisions being made by execution of the POLST form on the patient’s behalf under Chapter 25A of this title.
(6) A sponsoring agency or representative payee, except where the facility itself is the representative payee, selected under § 205(j) of the Social Security Act (42 U.S.C. § 405(j)).
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c011/sc02/index.htmlFetched: 10/4/2026