AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ADVANCE HEALTH CARE DIRECTIVES.

153rd General Assembly (2025-2026) Introduced by Marie Pinkney and 1 co-sponsor

Delaware SB 339 would modernize advance health care directives, clarifying forms, agent authority, execution rules, and alignment with other laws to ease creation and use.

Passed By House. Votes: 41 YES

Summary of SB 339 (Session 153, Delaware)

Purpose and intent

SB 339 proposes amendments to Title 16 of the Delaware Code dealing with Advance Health Care Directives. The bill aims to update and clarify the legal framework governing advance directives, which allow individuals to express their preferences for medical treatment in situations where they cannot communicate their wishes.

Key provisions and changes (as described by the bill)

Amendments to Title 16 to modify, clarify, or expand requirements and procedures related to advance health care directives.

Potential updates to:

The form and content of advance directives to ensure they reflect current medical and ethical standards.
The authority and responsibilities of agents or surrogate decision-makers designated in directives.
Procedures for execution, revocation, and validity of advance directives.
Public and professional education requirements or resources to assist individuals in creating directives.
Any needed alignment with other state laws regarding consent, capacity evaluations, and medical decision-making.

The bill may also address conflicts between a patient’s stated directives and other family or medical opinions, and how requests should be reconciled by healthcare providers, institutions, and agents.

Who would be affected

Individuals residing in Delaware who prepare or rely on advance health care directives.

Potential agents/surrogates named in directives.

Healthcare providers, hospitals, and other medical facilities administering care under directives.

Legal professionals and notaries involved in drafting, witnessing, certifying, or recording advance directives.

The Delaware Department of Health and Social Services or other state agencies responsible for administering or regulating advance directives (if applicable).

Procedural and timeline aspects

Status: Introduced and assigned to the Health & Social Services Committee in the Senate (as of 2026-05-28).

Sponsors: Co-sponsors include Senator Ray Seigfried and Senator Marie Pinkney.

Next steps: The bill would proceed through committee consideration, potentially followed by amendments, floor debate, and votes in the Senate, and subsequently the House (subject to bill progression in the legislative session).

Practical impact and considerations

If enacted, individuals may find the process of creating or updating advance directives more straightforward or better aligned with contemporary medical practices.

Healthcare providers may experience clarified standards for honoring directives and resolving ambiguities.

The changes could affect the form and governance of how directives are executed, stored, and honored across medical settings.

Depending on the specifics, the bill could increase accessibility to resources, clarify decision-making authority for agents, and harmonize Delaware law with surrounding jurisdictions.

Note: This summary is based on the bill’s title and the brief action history provided. For precise language, exact provisions, definitions, and any fiscal or regulatory implications, the full text of SB 339 and accompanying committee analyses should be reviewed once available.