Delaware Code
Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT
§ 2518A. Capacity.

(a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify or void a DMOST form.
(b) A determination that a patient lacks decision-making capacity must be made by a physician, and if a patient's authorized representative is executing the DMOST form such determination by a physician shall be required.

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