National Resource Center

National Resource Center for Supported Decision Making
Menu

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

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
  • Uniform Healthcare Decisions Act
    • Del. Code Ann. tit. 16 § 2502  [https://delcode.delaware.gov/title12/c039/sc01/index.html]
    • Description: States that an individual, legally adult, who is mentally competent, has the right to refuse medical or surgical treatment if such refusal is not contrary to existing public health laws and may use supported decision-making who has a personal or professional relationship with the individual to make such healthcare decisions.
    • Status: Effective September 30, 2025
  • Uniform Healthcare Decisions Act
    • Del. Code Ann. tit. 16 § 2512 (2019) [https://delcode.delaware.gov/title12/c039/sc01/index.html]
    • Description: Allows for an adult who has assisted an individual with supported decision making routinely during the preceding 6 months may act as a default surrogate to make healthcare decisions for the individual in the absence of POA, spouse/partner, child/parent, cohabitant, adult sibling, grandchild/grandparent
    • Status: Effective September 30, 2025

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: January 24, 2025

Accessibility Toolbar