(a) An involuntary patient may waive any of the rights provided by this chapter if:
(1) The court determines that such waiver is voluntary and with the involuntary patient’s knowing and intelligent consent; or
(2) Where the involuntary patient is incapable of knowingly and intelligently consenting, the court, upon application by counsel and after appropriate inquiry and finding of facts, approves such waiver for good cause shown.
If the hearing provided for in § 5011 of this title is waived, the court shall enter an order of disposition in accordance with § 5011(c) of this title.
(b) If prior to any hearing the court determines that the involuntary patient has knowingly and voluntarily applied for, and has been accepted for hospitalization pursuant to § 5003 of this title, the action shall be dismissed, and § 5003 of this title shall govern.
(c) A legal guardian may not waive any right of an adult, including any right related to admission and judicial review, under this chapter.
60 Del. Laws, c. 95, § 1; 79 Del. Laws, c. 442, § 1.
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