Delaware Code
Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT
§ 2504A. Duty of patient's authorized representative.

(a) At such time as a patient lacks decision-making capacity, the patient's authorized representative shall make a health-care decision to treat, withdraw, or withhold treatment in accordance with the patient's individual instructions as expressed in an advance health-care directive or DMOST form, if any, and other wishes to the extent known, or, if a guardian appointed pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court. The patient's authorized representative shall have the power to make any health-care decision authorized under this chapter unless limited by the order of a court of competent jurisdiction or limited in the document provided by the authorized representative as evidence of his or her authority.
(b) If the patient's instructions or wishes are not known or clearly applicable, the authorized representative's decision shall conform as closely as possible to what the patient would have done or intended under the circumstances. To the extent the authorized representative knows or is able to determine, the authorized representative's decision shall take into account the following nonexclusive list of factors, if applicable:

(1) The patient's personal, philosophical, religious, and ethical values.
(2) The patient's likelihood of regaining decision-making capacity.
(3) The patient's likelihood of death.
(4) The treatment's burdens on and benefits to the patient.
(5) Reliable oral or written statements previously made by the patient, including, but not limited to, statements made to family members, friends, health-care providers, or religious leaders.
(c) The decision of an authorized representative regarding whether life-sustaining procedures should be provided, withheld, or withdrawn shall not be based on a patient's status either as an individual with a preexisting long-term mental or physical disability, or as an individual who is economically disadvantaged.

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