Del. Ch. Ct. R. 178A (2026)

Rule 178A. Petition for Order Permitting Action Contrary to Advance Health-Care Directive Under 16 Del. C. § 2522(a) (a) Petition for Change in Advance Health-Care Directive.

(1) Petition Required Under 16 Del. C. § 2522(a). If a guardian for the person of a person with a disability desires to refuse to comply with a provision of, or to revoke, the person with a disability’s advance health- care directive, then the guardian must first petition the court for and obtain an order expressly permitting the acts taken by the guardian. (2) Contents of Petition. To obtain an order under this rule, a guardian must file a verified petition that includes: (A) the information required by Rule 178(b); (B) a copy of the advance health-care directive; (C) a statement of the facts and circumstances concerning the request to refuse to comply with a provision of, or to revoke, the advance health-care directive; (D) two physicians’ affidavits outlining the medical requirements and needs supporting the requested relief; (E) a description of any efforts to obtain physicians’ affidavits relating to the subject matter of the petition that the petitioner did not provide under paragraph (a)(2)(D) of this rule; and (F) a form of order implementing the requested relief. (3) Notice. (A) Interested Parties. The guardian must provide notice of the petition to interested parties as defined in Rule 175(b)(3). (B) Means of Notice. Notice must be given by: certified mail, return receipt requested; FedEx; United Parcel Service; or any courier service that provides real-time tracking of delivery. (C) Notice Period. Unless otherwise ordered by the court, the court will hold the petition for a period of at least 13 days to allow interested parties to respond. If no responsive pleading is received within that time, the court may act on the petition without further proceedings.

(D) Proof of Service and Notice. The party giving notice must file proof that notice was timely served. (4) Objections. Any objection or response must be filed in writing with the court within 13 days of the date of the petition unless the court orders an expedited response deadline. (5) Expedited Cases. For good cause, the court may expedite consideration of any petition filed under this rule, including by waiving the notice requirements of paragraph (a)(3). Petitions filed under this rule will be heard in the first instance by the Chancellor or a Vice Chancellor. History. Added Apr. 23, 2018, effective July 1, 2018; amended Sept. 23, 2025, effective Sept. 30, 2025; May 21, 2026, effective June 1, 2026.