Legal Handbook

Legal Handbook for Older Delawareans

Beginning April 1, 2016, DMOST, a new form of medical order, is available for patients whose health care practitioners would not be surprised if the patient died in the next year. The form is voluntary and cannot be required for admission to a health care facility. DMOST is a single document that will function as an actionable medical order and transition with a patient through all health care settings.

To create a DMOST, the patient (and if the patient desires, anyone the patient wishes to be present) will meet with a health care practitioner to discuss the patient’s wishes for treatment and those wishes will be then documented on the DMOST form which is then signed by the health care practitioner and the patient. If the patient lacks decisional capacity, a legally authorized agent or guardian may meet with the health care practitioner to complete the DMOST form. The law requires any health care provider to honor the DMSOT form, if the patient is unable to communicate.

The DMOST is not intended to replace the Advance Health Care Directive but rather to supplement it, except that there is a section of the DMOST, which when signed by the patient, will limit the ability of an agent for health care to alter the DMOST.

For more information concerning the DMOST, please click here:

http://regulations.delaware.gov/AdminCode/title16/Department%20of%20Health%20and%20Social%20Services/Division%20of%20Public%20Health/Emergency%20Medical%20Services%20%28EMS%29/4304.shtml

 

This handbook is hosted and maintained by the Elderlaw Section of the Delaware State Bar Association.