Del. Ch. Ct. R. 175-B (2026)

Rule 175-B. Petition to Enjoin or Require Healthcare Decision-Making (a) Verification. The petitioner must verify a petition to enjoin or require healthcare decision-making for a person (the “Principal”) by another (the “Agent”) under 16 Del. C. § 2526. The verification must state that the petitioner believes the contents to be true under penalty of perjury. (b) Form. The petition must contain the following information. If information is unknown, the petition must state that, represent that the petitioner has made diligent efforts to obtain the information, and describe those efforts. (1) Petitioner. The name and address of the petitioner and the relationship of the petitioner to the Principal and Agent, or, if not related, the nature of the petitioner’s interest in the healthcare decision-making. (2) Principal. The name, age, marital status, domicile, and current residence of the Principal, as well as: (A) If the Principal resides in an institution, the name and address of the institution and the date and circumstances surrounding the Principal’s admission; (B) if the Principal’s expenses are being paid by another person, the name of the person and the source of the funds; (C) if the Principal served in the armed forces of the United States, the branch and dates of service; and (D) if the Principal has been represented by a Delaware attorney within the past two years, the name of the attorney. (3) Agent. The name and address of the Agent, the relationship of Agent to the Principal, and the source of the Agent’s authority. (4) Interested Parties. The names and addresses of any potentially interested parties, including: (A) the Principal’s spouse; (B) any person who would inherit if the Principal died intestate; (C) any beneficiary in a testamentary instrument;

(D) any person acting for or named by the Principal as a fiduciary, including any holder of a power of attorney or other agent, executor, administrator, trustee, or person granted authority under an advance healthcare directive, advance mental healthcare directive, or other health care proxy; (E) any person primarily responsible in the past six months for the Principal’s care or finances; (F) any person who contests the petitioner’s position on contested decision-making; and (G) if any potentially interested persons are minors, their approximate ages and their parents, guardians, or other contact persons. (5) Agency Documents. The existence and location of any healthcare document, including any power of attorney, advance healthcare directive, advance mental healthcare directive, or other health care proxy. (6) Estate Documents. The existence and location of any estate planning document, including any will or trust. (7) Nature of Dispute. The nature of the dispute over healthcare decision-making that is at issue and the relief sought. (c) Exhibits. The petition must include the following exhibits: (1) a form of preliminary order scheduling the matter for a hearing and providing for notice; (2) a form of final order that includes, as applicable, language discharging any attorney ad litem; (3) a copy of the document providing the Agent with authority to act, if there is one, or an affidavit of efforts to secure same, if unavailable; and (4) affidavits describing petitioner’s efforts to locate any interested party for whom contact information is not provided. (d) Withdrawal. An attorney who has appeared on behalf of the petitioner may withdraw by notice if the petitioner expresses consent by signing the notice.

History. Added Sept. 23, 2025, effective Sept. 30, 2025.