Delaware

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 additional case law specifically recognizing supported decision-making.

Guardianship Laws

Del. Code Ann. tit. 12 §§ 3901 to 3955; 3981 to 3993; 39a-101 to -402

Supported Decision-Making

Supported Decision-Making Statute

  • Supported Decision-Making Act:
  • Anti-Discrimination in Organ Transplants:
    • Description: Prohibits disability-based discrimination in organ transplants and recognizes supported decision-making as a means to obtaining informed consent to transplantation.
    • 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
  • 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

State Legislation

  • Supported Decision-Making Act:
    • Del. Code Ann. tit. 16 § 9401(A)– 9410(A) (2016)  [https://delcode.delaware.gov/title16/c094a/index.html]
    • Description: Allows a person with a disability to enter into a supported decision-making agreement as an alternative to guardianship.
    • Bill number: S.B. 230, 148th Gen. Assem, 2nd Year (Del. 2015)
      • Link: https://legis.delaware.gov/BillDetail?LegislationId=23949
    • Form available here [www.dhss.delaware.gov/dhss/dsaapd/supported_decision_making.html]
    • Status: Effective Sept. 15, 2016
  • Anti-Discrimination in Organ Transplants:
    • Del. Code Ann. tit. 15 § 2741 (2017) [https://delcode.delaware.gov/title16/c027/sc03/index.html]
    • Description: Prohibits disability-based discrimination in organ transplants and recognizes supported decision-making as a means to obtaining informed consent to transplantation.
    • Bill number: H.B. 21, 149th Gen. Assem., 1st Year (Del. 2017)
      • Link: [legis.delaware.gov/BillDetail?LegislationId=25348]
    • Status: Effective Sept. 13, 2017
  • Office of the Public Guardian
    • Del. Code. Ann. tit. 12 § 3981 (2021) [https://delcode.delaware.gov/title12/c039/sc01/index.html]
    • Description: Establishes an Office of the Public Guardian that 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.
    • Bill number: H.B. 123, 150th Gen. Assemb., Reg. Sess. (Del. 2019)
      • Link [legis.delaware.gov/BillDetail?legislationId=47375]
    • Status: Effective June 3, 2021
  • Limited Purpose Guardianship
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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

Information Last Updated: June 16, 2023