Rule 178A. Petition for Instructions Regarding Withholding or Withdrawing Life-Sustaining Procedures

(a) A guardian, including an interim guardian, for a person with a disability, may not change a person with a disability's code status or direct medical providers to withhold or withdraw artificial nutrition or hydration, mechanical ventilation, or other health care for a person with a disability unless:

(1) the person with a disability's medical provider confirms that the person has experienced a major reduction in health or functional ability from which the individual is not expected to recover, or

(2) prior court approval is obtained.

(b) A petition seeking approval under (a)(2) shall include:

(1) the facts and circumstances requiring or recommending direction to withhold or withdraw artificial nutrition or hydration, mechanical ventilation, or other health care;

(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 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.

(c) The petition shall be served by certified mail, return receipt requested, or by FedEx, United Parcel Service, or any other courier service that provides real-time tracking of delivery, upon interested parties as defined in Rule 175(b)(3).

(d) If no responsive pleading is received by the Court within 20 days, the Court may act on the petition without further proceedings.

(e) The Court may expedite consideration of the petition for good cause shown. History. Added Apr. 23, 2018, effective July 1, 2018; Sept. 23, 2025, effective Sept. 30, 2025.