Court ordered health care or court-ordered appointment of representative

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  • (a) A health care provider or any interested individual may petition the Superior Court to:

    • (1) make a health care decision or order health care for an individual incapable of consenting; or

    • (2) appoint a representative to act for the individual.

  • (b) Reasonable notice of the time and place of hearing a petition under this section must be given to the individual incapable of consenting and to individuals in the classes described in section 205 of this title who are reasonably available.

  • (c) The court may modify or dispense with notice and hearing if it finds that delay will have a serious, adverse effect upon the health of the individual.

  • (d) The court may order health care, appoint a representative to make a health care decision for the individual incapable of consenting to health care with such limitations on the authority of the representative as it considers appropriate, or order any other appropriate relief in the best interest of that individual, if it finds:

    • (1) a health care decision is required for the individual;

    • (2) the individual is incapable of consenting to health care; and

    • (3) there is no individual authorized to consent or an individual authorized to consent to health care is not reasonably available, declines to act, or is not acting in the best interest of the individual in need of health care.


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