reglab/housing_qa huggingface dataset:
12 DE Code § 3927. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter II. Powers and Duties of Guardian|§ 3927. Compensation of guardian of the property.

§ 3927. Compensation of guardian of the property. (a) As used in this section, the term “qualified guardian” means any person who is a “qualified trustee” as defined in § 3561 of this title. (b) All persons who serve as guardian of the property of a person with a disability shall be entitled to reasonable compensation for their services. (c) Each qualified guardian shall file with the Register in Chancery for every county in this State, a copy of a schedule or a formula by which its allowance as compensation for serving as guardian of the property of a person with a disability shall be computed. Such schedule or formula may be based upon or reflect the following factors:  (1) The time spent or likely to be spent in administering a guardianship of the property. (2) The risks and responsibilities involved. (3) The novelty and difficulty of the tasks required of the guardian. (4) The skill and experience of the guardian. (5) Comparable charges for similar services. (6) The character of the guardianship assets. (7) The time constraints imposed upon the guardian in administering the trust. The schedule or formula pursuant to this subsection shall result in a fee no greater than that filed by the qualified guardian pursuant to § 3561 of this title with respect to its fees as trustee, for a trust of comparable size. (d) Each qualified guardian shall provide a copy of its current guardianship fee schedule or formula as filed or upon any filing pursuant to subsection (c) of this section to such persons as the Court of Chancery may require by rule of the court or by the order of the Court of Chancery appointing the qualified guardian. (e) For other persons serving as guardian of the property of a person with a disability, the Court of Chancery shall from time to time promulgate a rule fixing the method by which guardians of the property other than qualified guardians may be allowed compensation for their services. (f) Upon proper showing, the Court of Chancery may fix or allow greater compensation than that set forth in the fee schedule of a qualified guardian or that allowed by rule of the Court of Chancery, whichever is applicable, where the compensation provided in the fee schedule of a qualified guardian or that allowed by rule of the Court of Chancery, whichever is applicable, is inadequate because the duties of the guardianship are substantially greater than those for a typical guardianship of its size or under extraordinary circumstances. 76 Del. Laws, c. 90, §  11;  78 Del. Laws, c. 179, §  107;
12 DE Code § 3941. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter III. Accounting and Settlement|§ 3941. Guardian's duty to account.

§ 3941. Guardian's duty to account. (a) A guardian of the property shall fully account, in accordance with this subchapter, for all the money, effects and property of the person with a disability which the guardian has received, but a guardian of the person shall have no duty to account or otherwise report to the Court, except as provided by order of the Court. (b) The personal representative of a guardian who dies in office shall, upon appointment as personal representative, advise the Court of Chancery and the next of kin of the person with a disability of the death of the guardian and thereafter assume the duties of the guardian until a successor guardian is appointed. The personal representative shall file a petition for the appointment of an appropriate successor guardian within 60 days of being appointed personal representative if no other interested party has filed such a petition. The personal representative shall render to the Court an account of the decedent's guardianship (including such period of time the personal representative performed the duties of the guardian prior to appointment of a successor guardian) within 3 months of the grant of letters testamentary or letters of administration. Code 1852, §  1496;  21 Del. Laws, c. 293, §§  1-3;  Code 1915, §  3092;  Code 1935, §  3582;  12 Del. C. 1953, §  3941;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §  108;
12 DE Code § 3942. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter III. Accounting and Settlement|§ 3942. Filing, adjusting and settling guardian's accounts.

§ 3942. Filing, adjusting and settling guardian's accounts. All guardians' accounts shall be filed with and be adjusted and settled by the Court of Chancery by which such guardians were appointed. 22 Del. Laws, c. 444, §  1;  Code 1915, §  3091;  Code 1935, §  3581;  12 Del. C. 1953, §  3942;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;
12 DE Code § 3943. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter III. Accounting and Settlement|§ 3943. Time of filing guardian's accounts.

§ 3943. Time of filing guardian's accounts. Every guardian of the property shall render an account of the guardianship at the end of 1 year from the guardian's appointment and afterwards as the Court of Chancery in which such guardian was appointed requires, but not more often than once in 2 years, unless there is a special occasion. Code 1852, §  1495;  21 Del. Laws, c. 293, §§  1-3;  Code 1915, §  3092;  Code 1935, §  3582;  12 Del. C. 1953, §  3943;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;
12 DE Code § 3944. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter III. Accounting and Settlement|§ 3944. Failure to file account; extension of time for filing.

§ 3944. Failure to file account; extension of time for filing. (a) The Court may excuse the filing of an account or accounts required under § 3941 of this title for cause shown or if waived by:  (1) If the person with a disability has a will, all of those persons who would be entitled to the residue of the estate of the person with a disability if the person with a disability died at the time any such accounting would otherwise be required or was required to be filed; or (2) If the person with a disability has no will, all of those persons who would be entitled to the real and personal property of the person with a disability if the person with a disability died at the time any such accounting would otherwise be required or was required to be filed, intestate and a resident of the State. The Court may also, for cause shown, extend the time for the guardian to file an account or accounts. If no account is required of the guardian pursuant to this subsection, no inventory of the guardianship estate need be filed by the guardian. (b) If a guardian fails to account when due, the Court shall cite such guardian therefore and may compel the filing of the account by process of attachment or by imprisonment. Code 1852, §§  1497, 1498;  21 Del. Laws, c. 293, §§  1-3;  Code 1915, §  3092;  Code 1935, §  3582;  12 Del. C. 1953, §  3944;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  76 Del. Laws, c. 90, §  16;  78 Del. Laws, c. 179, §  109;
12 DE Code § 3945. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter III. Accounting and Settlement|§ 3945. Appeals from orders adjusting and settling guardian's accounts.

§ 3945. Appeals from orders adjusting and settling guardian's accounts. Appeals from orders of the Court of Chancery adjusting or settling guardian's accounts shall be received, heard and determined by the Supreme Court. 22 Del. Laws, c. 441, §  4;  Code 1915, §  3095;  Code 1935, §  3585;  12 Del. C. 1953, §  3945;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;
12 DE Code § 3946. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter III. Accounting and Settlement|§ 3946. Settlement with ward at termination of guardianship.

§ 3946. Settlement with ward at termination of guardianship. The Court of Chancery may order that any property in the guardian's possession, as such, at the close of the guardianship, shall be delivered to the former person with a disability or the representatives of the person with a disability and enforce obedience to such order. Code 1852, §  1975;  Code 1915, §  3924;  Code 1935, §  4432;  12 Del. C. 1953, §  3946;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §§  110-112;
12 DE Code § 3947. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter III. Accounting and Settlement|§ 3947. Absence of person with a disability from State; settlement of account.

§ 3947. Absence of person with a disability from State; settlement of account. (a) If in any case a guardian of the property shall not be able to settle with and pay to the person with a disability, on the termination of the guardianship, the money due from the guardian to the person with a disability, in consequence of the absence of the person with a disability from this State and the place of residence of the person with a disability being unknown to the guardian, the guardian may settle and pay the money into the Court of Chancery for the county in which the guardian was appointed. (b) The Court in which such settlement and payment shall be made shall invest the money for the use and benefit of the person with a disability. (c) Upon payment of the money into Court the guardian and the guardian's surety or sureties shall be discharged from all liability for or on account of the money so paid into Court and of any interest thereon from the date of the payment into Court. 11 Del. Laws, c. 200, §  1;  Code 1915, §  3927;  Code 1935, §  4434;  12 Del. C. 1953, §  3947;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §  113;
12 DE Code § 3952. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter IV. Sale of Real Estate of Person With a Disability|§ 3952. Trustee's bond.

§ 3952. Trustee's bond. If a trustee is appointed to sell real estate of the person with a disability, the trustee may be required to give security in such sum as the Court directs. Code 1852, §  1995;  Code 1915, §  3937;  Code 1935, §  4444;  12 Del. C. 1953, §  3952;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §  117;
12 DE Code § 3953. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter IV. Sale of Real Estate of Person With a Disability|§ 3953. Sale on credit; security for purchase price.

§ 3953. Sale on credit; security for purchase price. In any order granted by the Court of Chancery for the sale of real estate owned by a person with a disability, the Court may direct such sale to be made upon credit, either as to the whole or part of the purchase money, the payment of the purchase money to be at such time or times and to be secured in such manner as the Court by the order of sale or otherwise prescribes. The Court may order and direct all such acts and proceedings touching the premises as it deems necessary to better effectuate the object of this section. 13 Del. Laws, c. 458, §  1;  Code 1915, §  3935;  Code 1935, §  4442;  12 Del. C. 1953, §  3953;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §  118;
12 DE Code § 3954. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter IV. Sale of Real Estate of Person With a Disability|§ 3954. Proceeds of sale; payment.

§ 3954. Proceeds of sale; payment. The proceeds of the sale shall be personal property. Such proceeds, after deducting all expenses allowed by the Court, may be ordered to be paid to the guardian of the property to be accounted for as personal property of the person with a disability in the regular course of the guardianship or such proceeds may be ordered to be deposited in a bank to the credit of the person with a disability, to be invested, loaned or disposed of for the benefit of the person with a disability. Code 1852, §§  1988-1992;  Code 1915, §  3934;  Code 1935, §  4441;  12 Del. C. 1953, §  3955;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §  119;
12 DE Code § 3955. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter IV. Sale of Real Estate of Person With a Disability|§ 3955. Guardian's bond.

§ 3955. Guardian's bond. (a) When the proceeds shall be ordered to be paid to or shall otherwise come to the hands of a guardian they shall be within the condition of the guardian's bond and the guardian and the guardian's sureties, both in the original bond and in any additional bond which may be taken, shall be liable for the proceeds in the same manner as for other property of the person with a disability. (b) In every case of the sale of the real estate of a person with a disability and in every case where the guardian's liability is or may be increased, the Court of Chancery may require the guardian to give such additional security as may be deemed necessary, by obligation, with surety or sureties, in the same manner and form as original security. Code 1852, §§  1988-1993;  Code 1915, §§  3934-3936;  Code 1935, §§  4441, 4443;  12 Del. C. 1953, §  3956;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §  120;
12 DE Code § 3971. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter V. Investment by Court of Chancery of Fund of Minors|§ 3971. Investment power of Court of Chancery; general requirements.

§ 3971. Investment power of Court of Chancery; general requirements. (a) The Court of Chancery shall have control of money paid into the Court to the credit of any minor who cannot be located, and may invest such money in bank deposits as the Court shall approve, and may change, renew, extend, call in or collect any such investment. (b) The investment shall be in the name of the minor or minors entitled to the money, either personally or by designation as children, legatees, heirs or representatives of another and the Court may, at any time, apportion and divide the same among them. (c) At such time as the minor for whom money is held or invested under this subchapter is located, the Court may direct the evidence of such investments to be delivered to the former minor, the guardian of the property of the minor, or in case of death of the minor, to the minor's executors or administrators and may by order direct the bank to pay to the person entitled or to the person's agent or representative the evidences of ownership of the money. Such order shall vest in such person full power over such investment or all unpaid interest which may have accrued thereon. Code 1852, §§  1980-1984;  16 Del. Laws, c. 136, §  1;  Code 1915, §  3928;  Code 1935, §  4435;  12 Del. C. 1953, §  3971;  57 Del. Laws, c. 402, §§  3, 5;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;
12 DE Code § 3981. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VI. Public Guardian|§ 3981. Office established; appointment.

§ 3981. Office established; appointment. (a) There is established an Office of the Public Guardian, with a Public Guardian who shall serve as follows:  (1) The guardian of last resort for the citizens of Delaware who have been determined to lack capacity to make decisions regarding their persons, their property, or both. (2) The representative payee of last resort for Social Security benefits. (3) The VA fiduciary of last resort for Department of Veterans Affairs benefits. (b) The Public Guardian shall advocate and provide services under subsection (a) of this section, work with advocacy groups and state agencies to promote systemic reform and recommend changes in the law, procedure and policy necessary to enhance the provision of services for substituted and supported decision-making, and act as an informational resource for the public. The Public Guardian shall serve as Executive Director of the Delaware Guardianship Commission and promote the purposes of the Commission, and shall represent the Office of the Public Guardian in matters in which the appointment of the Public Guardian is sought. (c) To bring about these goals, the Public Guardian must be an attorney duly licensed to practice law in Delaware, selected by the Governor, and shall serve for a term of 6 years from the date of swearing in. 59 Del. Laws, c. 579, §  9;  60 Del. Laws, c. 511, §  50;  60 Del. Laws, c. 570, §  9;  60 Del. Laws, c. 722, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 40, §  1;  78 Del. Laws, c. 179, §§  121-123;  80 Del. Laws, c. 302, § 1;  82 Del. Laws, c. 90, § 3;  83 Del. Laws, c. 37, § 14;
12 DE Code § 3982. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VI. Public Guardian|§ 3982. Definitions.

§ 3982. Definitions. For the purposes of this chapter:  (1) “Court” means the Court of Chancery or the court which has jurisdiction for the appointment of guardians for the person, or property, or both, pursuant to this chapter. (2) “Guardian” means a court-appointed guardian. (3) “Guardianship Commission” means the Delaware Guardianship Commission. (4) The term “last resort'' includes any of the following:  a. Circumstances in which there is no other suitable person related to the individual willing or able to serve as surrogate decision maker guardian, representative payee, or VA fiduciary. b. Circumstances in which a person willing or able to serve, or already serving, as a validly appointed agent of a durable power of attorney, a surrogate decision maker, representative payee, VA fiduciary, or a guardian, is available but sufficient cause has been found by the court that the individual available or so acting is not suitable to serve and that the appointment of the Public Guardian is in the best interest of the person who is incapacitated. c. Exceptional circumstances have been found by the court to establish that appointment of the Public Guardian is in the best interest of the person who is incapacitated. (5) “Person who is incapacitated'' means a “person with a disability'' as that term is defined under § 3901(a)(2) of this title. (6) “Representative payee” means a person appointed by the Social Security Administration to receive Social Security or SSI benefits for an individual who cannot manage or direct the management of the individual's Social Security or SSI benefits. (7) “VA fiduciary” means a person appointed by the Department of Veterans Affairs (VA) to receive VA benefits for an individual who is unable to manage the individual's VA benefits.78 Del. Laws, c. 40, §  1;  78 Del. Laws, c. 179, §§  121-123;  82 Del. Laws, c. 90, § 4;
12 DE Code § 3984. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VI. Public Guardian|§ 3984. Staff; budgeting; finance.

§ 3984. Staff; budgeting; finance. The Public Guardian may appoint subordinates and delegate the appointed authority to subordinates to assist in carrying out the purposes of this subchapter. Subordinates may include such nonprofit organizations as the Public Guardian shall deem to be qualified in carrying out the duties as a subordinate guardian. The Public Guardian shall prepare an annual fiscal budget for the operation of the Office of the Public Guardian. The General Assembly may annually appropriate such sums as it may deem necessary for the payment of the salary of the Public Guardian, the staff, and for the payment of actual expenses incurred by the Office of the Public Guardian. The Office of the Public Guardian shall be operated within limitation of the annual appropriation and any other funds appropriated by the General Assembly or designated for that purpose from the estate of the person with a disability by the court. Special funds may be used in accordance with approved programs, grants, and appropriations. 59 Del. Laws, c. 579, §  9;  60 Del. Laws, c. 511, §  50;  60 Del. Laws, c. 570, §  9;  60 Del. Laws, c. 722, §  3;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 40, §  1;  78 Del. Laws, c. 179, §§  121-123;
12 DE Code § 3985. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VI. Public Guardian|§ 3985. Court costs and allocation of costs.

§ 3985. Court costs and allocation of costs. In any proceeding for appointment of the Office of the Public Guardian, or in any proceeding involving the estate of a person with a disability for whom the Public Guardian has been appointed guardian of the person or of the property, the court may waive any court costs or filing fees. If the Public Guardian has been appointed guardian of the person or of the property, administrative costs and all costs incurred in the appointment procedure shall not be charged against the income or estate of the person. If at any time the court determines that the income or the estate of the person can support the payment of any part of these costs, the court may enter an order charging that part of the payment of cost against the income or estate. 59 Del. Laws, c. 579, §  9;  60 Del. Laws, c. 511, §  50;  60 Del. Laws, c. 570, §  9;  60 Del. Laws, c. 722, §  3;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 40, §  1;  78 Del. Laws, c. 179, §§  121-123;
12 DE Code § 3986. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VI. Public Guardian|§ 3986. Collection of guardianship fees [Effective Mar. 30, 2022].

§ 3986. Collection of guardianship fees [Effective Mar. 30, 2022]. (a) The Public Guardian may collect fees for the provision of its services from the income or resources of any person for which it has been appointed guardian of the person or property or for whom it acts as representative payee.  (b) A person receiving services from the Office of the Public Guardian whose financial resources are deemed sufficient, pursuant to standards to be established by the Guardianship Commission and to be approved by the Court, shall be required to pay compensation for services related to guardianship or representative payee duties in accordance with such established standards. The Court may, in its discretion, alter or amend any financial obligation imposed under this section.  (c) Fees collected shall not go into the General Fund but shall be held in a special fund to be expended by the Office of the Public Guardian in furtherance of its purpose and to support the Guardianship Commission. 83 Del. Laws, c. 95, § 1;
12 DE Code § 3987. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VI. Public Guardian|§ 3987. Indemnification from liability.

§ 3987. Indemnification from liability. No attorney, director, investigator, social worker, or other person employed by, contracted by, or volunteering for the Office of the Public Guardian shall be subject to suit directly, derivatively, or by way of contribution or indemnification for any civil damages under the laws of Delaware resulting from any act or omission performed during or in connection with the discharge of his or her duties with the Office within the scope of his or her appointment or employment, unless the act or omission was done with gross or wanton negligence, or maliciously, or in bad faith. 78 Del. Laws, c. 40, §  1;  70 Del. Laws, c. 186, §  1;