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 requiring or recommending direction to withhold or withdraw artificial hydration, mechanical nutrition ventilation, or other health care; circumstances or (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. Rule 178B. Unsworn Declarations Miscellaneous Matters in Civil A person may use an Unsworn Declaration under Penalty of Perjury under 10 Del. C. § 3927 for pleadings and papers in civil miscellaneous matters, including verifications, declarations, affidavits, and notarized signatures. But an Unsworn Declaration under Penalty of Perjury may not be used with: (1) petitions under Rules 175, 175-A, 175-B, or 180; (2) petitions to remove a guardian and/or appoint a successor guardian; (3) petitions to add a co-guardian; (4) petitions to terminate a guardianship due to recovery of the person with a disability or to terminate in favor of less restrictive measures; (5) petitions for instructions regarding life-sustaining procedures; (6) petitions to transfer funds at majority in guardianships of a minor’s property; (7) physician affidavits; (8) personal information sheets; (9) consents in support of (1)-(6) herein; (10) applications to proceed in forma pauperis; and (11) other papers if the Chancellor directs. History. Added May 4, 2022; amended Sept. 23, 2025, effective Sept. 30, 2025.