Delaware Code
Chapter 25. HEALTH-CARE DECISIONS
§ 2519. Health-care institutions and guardianships for nonacute patients.

(a) A health-care institution must, as early as 3 but no later than 5 business days of determining that a patient no longer requires acute care in the health-care institution, provide a written notice to the patient, the patient's surrogate, and, if the patient does not have a surrogate, to any member of the patient's family who is reasonably available, in the descending order of priority set forth in § 2507 of this title, that the health-care institution has concluded that the nonacute patient would benefit from the appointment of a guardian, who shall be fully authorized with powers necessary to transfer the patient from acute care to less restrictive nonacute care, and that a petition for the appointment of a guardian should be filed within 10 business days of the date of the notice.
(b) If the process of appointing a guardian for the nonacute patient has not been initiated within the period set forth in the notice required under subsection (a) of this section, the institution shall provide a second written notice to the patient, the patient's surrogate, and if the patient does not have a surrogate, to any member of the patient's family who is reasonably available, in the descending order of priority set forth in § 2507 of this title, that the petition for the appointment of a guardian must be filed within 10 business days of the date of the second notice, or the institution will initiate the process of appointing a guardian.
(c) If the process of appointing a guardian for the nonacute patient has not been initiated within the time set forth in the second notice required under subsection (b) of this section, or if a guardian who is fully authorized with powers necessary to transfer the patient from acute care to less restrictive nonacute care has not been appointed within 30 days from the date of the filing of a petition for appointment of a guardian, the health-care institution may initiate the process of appointing a guardian.

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