reglab/housing_qa huggingface dataset:
12 DE Code § 3988. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VI. Public Guardian|§ 3988. Bond.

§ 3988. Bond. The Public Guardian shall post bond as required by the court upon the appointment of the office. The Office of the Public Guardian shall apply for and maintain bond sufficient to insure the assets managed by the office. 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;
12 DE Code § 3991. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VII. Delaware Guardianship Commission|§ 3991. The Guardianship Commission.

§ 3991. The Guardianship Commission. (a) The Delaware Guardianship Commission is hereby established, and shall be known as the “Guardianship Commission.” The Commission shall consist of 12 members and shall be staffed by the Office of the Public Guardian. The Guardianship Commission shall be comprised of the following:  (1) One member from the Court of Chancery, designated by the Chancellor; (2) A representative from the Department of Justice, designated by the Attorney General; (3) The Director of the Guardianship Monitoring Program, or the Director's designee; (4) One member of the House of Representatives, designated by the Speaker of the House; (5) One member of the Senate, designated by the President Pro Tempore of the Senate; (6) The Director of the Division of Services for Aging and Adults with Physical Disabilities, or the Director's designee, (7) The Director of the Division of Substance Abuse and Mental Health, or the Director's designee; (8) The Director of the Division of Developmental Disabilities Services, or the Director's designee; (9) The Secretary of the Department of Health and Social Services, or the Secretary's designee. (10) A representative from the Disability Community, designated by the Secretary of Health and Social Services; (11) A representative from the Senior Citizen Community, designated by the Secretary of Health and Social Services; (12) A representative from the hospital community, designated by the Delaware Healthcare Association. (b) The Public Guardian shall serve as the Executive Director of the Commission to effectuate its purposes. The Public Guardian may, with the concurrence of the members, invite other individuals to participate in the Commission to advance its work. 78 Del. Laws, c. 40, §  2;
12 DE Code § 3992. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VII. Delaware Guardianship Commission|§ 3992. Duties of the Commission.

§ 3992. Duties of the Commission. The Commission shall advocate for the welfare of individuals who are incapacitated; shall work with advocacy groups and state agencies to promote systemic reform; recommend changes in the law, procedure and policy necessary to enhance the provision of guardianship services and the protection of those unable to protect themselves; and act as an informational resource for the public. To that end, the Commission shall meet on a quarterly basis and shall:  (1) Act in an advisory capacity to the Office of the Public Guardian, providing assistance to the Public Guardian in establishing administrative policies and procedures in the Office of the Public Guardian, and assistance in developing case acceptance priorities for the Office of the Public Guardian; (2) Examine and evaluate the policies, procedures and effectiveness of the guardianship system, and make recommendations for changes therein, including establishing statewide standards and regulation of public and private guardianships; (3) Conduct an annual statewide needs assessment relating to the number of individuals currently and predicted to be in need of a decision maker due to incapacity, the resources available or needed to meet that need, and to the processes utilized to meet the need; (4) Advocate for legislation and make legislative recommendations to the Governor and the General Assembly; (5) Develop public and professional education programs on issues relating to guardianship, alternatives to guardianship, and concerns relating to the abuse, neglect, and exploitation of individuals who are incapacitated; and (6) Provide an annual summary of the work and recommendations of the Guardianship Commission, including the work of the Office of the Public Guardian to the Governor, the General Assembly, and the court.78 Del. Laws, c. 40, §  2;  78 Del. Laws, c. 179, §§  121-123;
12 DE Code § 3993. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 39. Guardianship|Subchapter VII. Delaware Guardianship Commission|§ 3993. Compensation.

§ 3993. Compensation. Members of the Commission shall serve without compensation; however, they may be reimbursed, upon request, for reasonable and necessary expenses incident to their duties as members of the Commission to the extent funds are available through the Office of the Public Guardian. Members may be removed at the discretion of their appointing authority. 78 Del. Laws, c. 40, §  2;
12 DE Code § 49A-101. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-101. Short title.

§ 49A-101. Short title. This chapter may be cited as the “Durable Personal Powers of Attorney Act.” 77 Del. Laws, c. 467, §  4;
12 DE Code § 49A-104. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-104. Power of attorney is durable.

§ 49A-104. Power of attorney is durable. A power of attorney is durable if it contains the words: “This power of attorney shall not be affected by the subsequent incapacity of the principal,” or “This power of attorney shall become effective upon the incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity. 77 Del. Laws, c. 467, §  4;
12 DE Code § 49A-106. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-106. Execution of personal power of attorney.

§ 49A-106. Execution of personal power of attorney. (a) A personal power of attorney executed on or after October 1, 2010, is validly executed if it complies with § 49A-105 of this title, unless such personal power of attorney provides that it is governed by the laws of another jurisdiction, in which case, such personal power of attorney is validly executed if such execution complies with the laws of such other jurisdiction. (b) A personal power of attorney executed before October 1, 2010, is validly executed if it complied with the laws of this State as they existed at the time of execution, unless such personal power of attorney provides that it is governed by the laws of another jurisdiction, in which case, such personal power of attorney is validly executed if such execution complied with the laws of such other jurisdiction. (c) A durable power of attorney (other than a personal power of attorney) will be deemed to be validly executed under the laws of this State if, when the power of attorney was executed, the execution complied with:  (1) The law of the jurisdiction that determines the meaning and effect of the power of attorney; or (2) The requirements for a military power of attorney pursuant to 10 U.S.C. § 1044b, as amended. (d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. 77 Del. Laws, c. 467, §  4;
12 DE Code § 49A-108. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-108. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary.

§ 49A-108. Nomination of guardian of person or property; relation of agent to court-appointed fiduciary. (a) The appointment by a court of a guardian or other fiduciary charged with the management of the principal's property or the care of the principal's person shall terminate all personal powers of attorney to the extent the powers held by the agent prior to the appointment of a guardian or other fiduciary are granted by such court to the guardian or other fiduciary. The person serving as an agent of the principal pursuant to this chapter shall, upon the request of the agent and absent cause to the contrary, be appointed the guardian or other fiduciary in a proceeding under Chapter 39 of this title. (b) After the appointment of a guardian or other fiduciary charged with the management of the principal's property or the care of the principal's person, the agent is accountable to such guardian or other fiduciary as well as to the principal as to any personal powers of attorney which the agent continues to hold. A guardian or other fiduciary shall only have such powers to revoke or amend the powers of the agent as shall be given to such guardian or other fiduciary by the court. 77 Del. Laws, c. 467, §  4;
12 DE Code § 49A-109. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-109. When personal power of attorney effective.

§ 49A-109. When personal power of attorney effective. (a) A personal power of attorney is effective when executed unless the principal provides in the personal power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a personal power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the personal power of attorney, may authorize 1 or more persons to determine in a writing or other record that the event or contingency has occurred. (c) If a personal power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person or persons to determine whether the principal is incapacitated, or the person or persons authorized is or are unable or unwilling to make the determination, the personal power of attorney becomes effective upon a determination in a writing or other record by a physician or by the Court of Chancery or other court of competent jurisdiction that the principal is incapacitated. (d) A person authorized by the principal in the personal power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act [P.L. 104-191], §§ 1171 through 1179 of the Social Security Act, 42 U.S.C. § 1320d et seq., as amended, and applicable regulations, to obtain access to the principal's health-care information and communicate with the principal's health-care provider. 77 Del. Laws, c. 467, §  4;
12 DE Code § 49A-110. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-110. Termination of personal power of attorney or agent's authority.

§ 49A-110. Termination of personal power of attorney or agent's authority. (a) A personal power of attorney terminates when:  (1) The principal dies; (2) The principal revokes the personal power of attorney; (3) A terminating event set forth in the personal power of attorney occurs; (4) The purpose of the personal power of attorney is accomplished; (5) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the personal power of attorney does not provide for another agent to act; or (6) The personal power of attorney is revoked by order of the Court of Chancery pursuant to § 49A-116 of this title or otherwise. (b) An agent's authority terminates when:  (1) The principal revokes the authority; (2) The agent dies, becomes incapacitated, or resigns; (3) An action is filed for the dissolution or annulment of the agent's marriage to the principal, unless the personal power of attorney otherwise provides; or (4) The personal power of attorney terminates. (c) Unless the personal power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the personal power of attorney. (d) Termination of an agent's authority or of a personal power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the personal power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. (e) The execution of a personal power of attorney does not revoke a personal power of attorney previously executed by the principal unless the subsequent personal power of attorney provides that the previous personal power of attorney is revoked or that all other personal powers of attorney are revoked. 77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §  3;
12 DE Code § 49A-111. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-111. Concurrent agents, joint agents, and successor agents.

§ 49A-111. Concurrent agents, joint agents, and successor agents. (a) A principal may designate 2 or more persons to act as concurrent agents. Each concurrent agent may exercise its authority independently. (b) A principal may designate 2 or more persons to act as joint agents. No joint agent shall have the power to act without the agreement of all other joint agents and shall have no power to act independent of the other agent. (c) If the principal designates more than 1 agent and does not specify that they are concurrent agents or joint agents, such agents shall be considered concurrent agents. (d) A principal may designate 1 or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. Unless the personal power of attorney otherwise provides, a successor agent:  (1) Has the same authority as that granted to the original agent; and (2) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve. (e) A principal may give an appointed agent or another person designated by name, office or function the authority to designate by a writing executed by such person, 1 or more concurrent, joint, or successor agents in addition to those designated in the personal power of attorney. Unless the personal power of attorney authorizing the appointment of such further agents otherwise provides, a concurrent, joint, or successor agent appointed by this method:  (1) Has the same authority as that granted to the original agent; and  (2) May not act until the predecessor designee has resigned, died, become incapacitated, is no longer qualified to serve, or has declined to serve. (f) Except as otherwise provided in the personal power of attorney and subsection (g) of this section, an acting agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent. (g) An acting agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action. 77 Del. Laws, c. 467, §  4;
12 DE Code § 49A-112. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-112. Reimbursement and compensation of agent.

§ 49A-112. Reimbursement and compensation of agent. (a) An agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal. (b) An agent shall not be entitled to compensation unless:  (1) The personal power of attorney so provides; and (2) The compensation is reasonable under the circumstances.77 Del. Laws, c. 467, §  4;
12 DE Code § 49A-113. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-113. Agent's acceptance.

§ 49A-113. Agent's acceptance. Except as otherwise provided in the personal power of attorney, a person accepts appointment as an agent under a personal power of attorney by signing the agent's certification (pursuant to § 49A-105(c) of this title) or by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. 77 Del. Laws, c. 467, §  4;
12 DE Code § 49A-115. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-115. Exoneration of agent.

§ 49A-115. Exoneration of agent. A provision in a personal power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:  (1) Relieves the agent of liability for breach of duty committed in bad faith or with reckless indifference to the purposes of the personal power of attorney or the best interest of the principal; or (2) Was inserted as a result of undue influence upon the principal.77 Del. Laws, c. 467, §  4;
12 DE Code § 49A-116. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-116. Judicial relief.

§ 49A-116. Judicial relief. (a) A person designated in subsection (b) of this section may petition the Court of Chancery requesting that the Court:  (1) Determine whether the personal power of attorney or the authority of an agent is in effect or has terminated pursuant to § 49A-110 of this title or otherwise; (2) Compel the agent to exercise or refrain from exercising authority in a particular manner or for a particular purpose; (3) Compel the agent to account for transactions conducted on the principal's behalf pursuant to § 49A-114(g) of this title; (4) Modify, suspend, or revoke the powers of the agent to act under a personal power of attorney, and, if the principal has not designated another agent or successor agent in the personal power of attorney, appoint another agent to act in place of the agent whose powers are modified, suspended, or revoked; (5) Determine an agent's liability for violation of his or her duties pursuant to § 49A-114 of this title; or (6) Compel a person to accept a personal power of attorney if required to by § 49A-120 of this title. (b) Any of the following persons may file a petition seeking appropriate relief under this section:  (1) The principal or the agent; (2) The spouse, child, or parent of the principal; (2) A guardian, trustee, or other fiduciary acting for the principal; (3) The personal representative, trustee, or a beneficiary of the principal's estate; (4) Any other interested person, as long as the person demonstrates to the Court's satisfaction that the person is interested in the welfare of the principal and has a good faith belief that:  a. The Court's intervention is necessary; and b. The principal is incapacitated at the time of filing the petition or otherwise unable to protect that principal's own interests; or (5) A person asked to accept a personal power of attorney. (c) Upon motion by the principal, who shall be presumed to have legal capacity, the Court shall dismiss a petition filed under this section, unless the Court finds that the principal lacks capacity to revoke the agent's authority or the personal power of attorney. (d) Nothing in this section shall preclude or diminish the Court's authority to appoint a guardian or other fiduciary pursuant to Chapter 39 of this title, or to order other judicial relief, in order to grant appropriate relief upon review of a personal power of attorney or an agent's conduct with respect to a personal power of attorney. (e) Nothing in this section shall preclude the Department of Health and Social Services, the Public Guardian, or other governmental agency having authority to protect the welfare of the principal from petitioning the Court for access to the principal or to records necessary to determine, or terminate, possible abuse, neglect, exploitation or abandonment of the principal. 77 Del. Laws, c. 467, §  4;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 369, §  4;
12 DE Code § 49A-118. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49A. Durable Personal Powers of Attorney Act|Subchapter I. General Provisions|§ 49A-118. Agent's resignation; notice.

§ 49A-118. Agent's resignation; notice. Unless the personal power of attorney provides a different method for an agent's resignation, an agent may resign by giving written notice to the principal and, if the principal is incapacitated:  (1) To the guardian, if one has been appointed for the principal, and a concurrent agent or successor agent; or (2) If there is no person described in paragraph (1) of this section, to:  a. The principal's primary caregiver; b. Another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or c. A governmental agency having authority to protect the welfare of the principal.77 Del. Laws, c. 467, §  4;  78 Del. Laws, c. 369, §  5;