Delaware
Overview
Delaware has enacted supported decision-making legislation in 2016, 2017, 2019, and 2021. There are no new supported decision-making bills pending. We have not located any case law specifically recognizing supported decision-making, but it may still be required as a less restrictive alternative to guardianship.
Guardianship Laws
Del. Code Ann. tit. 12 §§ 3901 to 3955; 3981 to 3993; 39a-101 to -402
Supported Decision-Making
Supported Decision-Making Statute
- Del. Code Ann. tit. 16 § 9401(A)– 9410(A) (2016).
- Link to Delaware Code Section: https://delcode.delaware.gov/title16/c094a/index.html
- Link to Enacted Bill: https://legis.delaware.gov/BillDetail?LegislationId=23949
- Anti-Discrimination in Organ Transplants (includes SDM):
- Del. Code Ann. tit. 15 § 2741 (2017).
- Link to Delaware Code Section: https://delcode.delaware.gov/title16/c027/sc03/index.html
- Link to Enacted Bill: https://legis.delaware.gov/BillDetail?LegislationId=25348
- Del. Code Ann. tit. 15 § 2741 (2017).
- Limited Purpose Guardianship
- Del. Code Ann. tit. 12 § 3901(d)(2) (2019).
- Link to Delaware Code Section: https://delcode.delaware.gov/title12/c039/sc01/index.html
- Link to Enacted Bill: https://legis.delaware.gov/BillDetail?legislationId=47375
- Del. Code Ann. tit. 12 § 3901(d)(2) (2019).
- Office of the Public Guardian
- 12 Del.C. § 3981 (Effective June 3, 2021)
- Description: establishes an Office of the Public Guardian. The Public Guardian helps provide services and works with advocacy groups and state agencies to promote systemic reform and recommend changes in the law, procedure, and policy needed to enhance the provision of services for supported-decision making.
- Public link (https://delcode.delaware.gov/title12/c039/sc06/index.html)
- 12 Del.C. § 3981 (Effective June 3, 2021)
State Legislation
- S.B. 230, 148th Gen. Assem, 2nd Year (Del. 2015)
- Description: Created the option for SDM Agreements, with form to be issued by state agency
form available here [www.dhss.delaware.gov/dhss/dsaapd/supported_decision_making.html] - Status: Enacted 9/15/16
- Public Link [legis.delaware.gov/BillDetail?LegislationId=23949]
- Description: Created the option for SDM Agreements, with form to be issued by state agency
- H.B. 21, 149th Gen. Assem., 1st Year (Del. 2017)
- Description: Incorporated SDM services in the medical context of organ transplantation
- Status: Enacted 9/13/17
- Public Link [legis.delaware.gov/BillDetail?LegislationId=25348]
- H.B. 123, 150th Gen. Assemb., Reg. Sess. (Del. 2019)
- Description: Requests the Public Guardian to, among other things, work with advocacy and state agencies to promote systemic reform and recommend changes in the law, procedure and policy necessary to enhance the provision of services for substituted and supported decision-making.
- Status: Signed by Governor on July 8, 2019
- Public Link [legis.delaware.gov/BillDetail?legislationId=47375]
None found
None found
Case Law & Court Orders
None found
State Grant Programs
2015/2016 Grantee: Delaware Developmental Disabilities Council [ddc.delaware.gov]
- Summary: The grantee convened a statewide conference focused on Supported Decision-Making. The conference attracted 115 attendees including Delaware attorneys, self-advocates, parents and other family members. At the conference, the grantee debuted a video highlighting older adults, people with disabilities, family members, and others speaking about their experiences using Supported Decision-Making. In addition, the grantee conducted extensive research into Supported Decision-Making, to help determine knowledge and acceptance of Supported Decision-Making in this country and around the world.
- Final report [www.supporteddecisionmaking.org/sites/default/files/sdm-cop-2016-delaware.pdf]
- Drop Box (281 documents) [www.dropbox.com/sh/7ukbsvas6teqcnc/AAAPtjbEthgbII5wOc7-3_Xta?dl=0]
- Video: “Supported Decision-Making Your Support, My Decisions,” Link: supporteddecisionmaking.org/impact-stories/supported-decision-making-your-support-my-decisions-video
Other Resources
- Website: Information about Supported Decision-Making in Delaware, Delaware Department of Health and Social Services
Link: www.dhss.delaware.gov/dsaapd/supported_decision_making.html - Form: Delaware’s Supported Decision-Making Agreement Form, Delaware Department of Health and Social Services
Link: www.dhss.delaware.gov/dsaapd/files/supported_decision_making_agreement.pdf - Website: “Supported Decision Making,” a presentation by Lexie S. McFassel, Esq., Public Guardian
Link: courts.delaware.gov/publicguardian/docs/SupportedDecisionMaking.pdf - Law Firm Website: Supported Decision-Making in Delaware
Link: mcandrewslaw.com/publications-and-presentations/articles/supported-decision-making-delaware/
Information Last Updated: July 21, 2022