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§ 1122 — Delaware Law | CourtGPT
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  4. Title 16 - Health and Safety/
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  6. Subchapter II - Rights of Residents.§ 1121. Resident's Rights/
  7. § 1122
Delaware Legal Code

§ 1122

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Where consistent with the nature of each right in § 1121 of this title, all rights, particularly as they pertain to a resident adjudicated incompetent in accordance with state law, or a resident who is found medically incapable by the resident's own attending physician, or a resident who is unable to communicate with others, shall devolve to the resident's authorized representative, as established under any of the following: (1) An advance health-care directive. (2) A medical durable power of attorney for health-care decisions. (3) A court-appointed guardian pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court. (4) A surrogate appointed under Chapter 25 of this title. (5) An individual who is otherwise authorized under applicable law to make the health-care decisions being made by execution of the DMOST form on the patient's behalf under Chapter 25A of this title. (6) A sponsoring agency or representative payee, except where the facility itself is the representative payee, selected under § 205(j) of the Social Security Act (42 U.S.C. § 405(j)).61 Del. Laws, c. 373, § 2; 70 Del. Laws, c.

representative payee, except where the facility itself is the representative payee, selected under § 205(j) of the Social Security Act (42 U.S.C. § 405(j)).61 Del. Laws, c. 373, § 2; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 206, § 25;