Del. R. Ch. Ct. 178-A

As amended through November 14, 2024
Rule 178-A - Petition for instructions regarding life-sustaining procedures
(a) A petition to change or provide life-sustaining procedure instructions for a person with a disability who does not have a qualifying condition as defined by 16 Del.C. § 2501(r) shall be filed in the Court of Chancery and shall include:
(1) The facts and circumstances requiring the change or provision of life sustaining procedure instructions;
(2) Two physician's affidavits outlining the medical requirements and needs supporting the instructions;
(3) Notice that any objection or response shall be filed in writing with the Court of Chancery within twenty (20) days of the date of the petition unless the Court expedites the matter; and
(4) A form of order implementing the change of status.
(b) The petition shall be served by certified mail, return receipt requested, upon interested parties as defined in Rule 175(a)(3). If no responsive pleading is received by the Court within twenty (20) days, the Court may act on the petition without further proceedings. The Court may expedite consideration of the petition for good cause shown.

Del. R. Ch. Ct. 178-A

Adopted April 23, 2018, effective 7/1/2018.