reglab/housing_qa huggingface dataset:
12 DE Code § 4001. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4001. Definitions.

§ 4001. Definitions. In this chapter:  (1) “Comprehensive care plan” means those services offered by the Delaware CarePlan Trust that are designed to ensure that the needs of each participant are being met for as long as may be required and may include periodic visits to the participant and to the places where the participant receives services, participation in the development of individualized plans for the participant, and other similar services consistent with the purposes of this chapter. (2) “Delaware CarePlan Trust” means a nonprofit nongovernmental organization that offers the following services:  a. Administration of trust funds for persons with disabilities; b. Comprehensive care planning; c. Guardianship for persons with disabilities who are incompetent; and d. Advice and counsel to persons who have been appointed as individual guardians of the person or property of persons with disabilities. (3) “Participant” shall mean any person with a disability who is accepted as a participant in and has the right to receive services from the Delaware CarePlan Trust. (4) “Person with a disability” means a person with a physical or mental impairment with a long-term need for specialized health, social or other services. (5) “Surplus trust funds” means funds accumulated in the trust from contributions made by or on behalf of a participant which, after the participant's death or withdrawal from the plan, are determined by the Board to be in excess of the actual cost of providing services during the participant's lifetime, including the participant's share of administrative costs. (6) “Trustee” means the Board formed for the purpose of managing the community trust.71 Del. Laws, c. 360, §  1;
12 DE Code § 4002. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4002. Purpose, scope and organization.

§ 4002. Purpose, scope and organization. (a) The Delaware CarePlan Trust is intended to encourage supplementation and augmentation of those services provided by local, state and federal government agencies for persons with disabilities. It will provide a method to assure ongoing individualized support for a person with a disability. Assets contributed by or on behalf of a person with a disability will be available for the use and benefit of such participant. Assets of participants may be pooled to provide efficient management. (b) This chapter shall be liberally construed and applied to promote its underlying purposes and policies, including, but not limited, to:  (1) Encourage the orderly establishment of the Delaware CarePlan Trust for the benefit of persons with disabilities; (2) Ensure that the Delaware CarePlan Trust is administered properly and that its Board is free from conflicts of interest; (3) Facilitate the sound administration of contributions on behalf of persons with disabilities by allowing family members and other interested persons to obtain professional investment management, which may entail pooling of contributions; (4) Provide families and other interested persons peace of mind in knowing that a means exists to support and assist persons with disabilities and provide efficient management of assets; (5) Make guardians available for persons with disabilities as needed; (6) Encourage the availability of resources for the supplemental needs of persons with disabilities that are not available through any governmental or charitable program; (7) Encourage the inclusion of indigent persons with disabilities as beneficiaries of the Delaware CarePlan Trust if and when funds are available for such persons; and (8) Encourage families and other interested persons to set aside funds for the future protection of persons with disabilities by ensuring that the interest of persons with disabilities in the Delaware CarePlan Trust are not considered assets or income that would disqualify them from any governmental program with an economic means test. (c) The Delaware CarePlan Trust shall be organized as a nongovernmental nonprofit organization pursuant to Delaware law. 71 Del. Laws, c. 360, §  1;
12 DE Code § 4003. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4003. Administration; powers and duties.

§ 4003. Administration; powers and duties. (a) The Delaware CarePlan Trust shall be administered by a Board, the members of which shall include, but shall not be limited to, family members, interested persons, public representatives, persons with disabilities who are not participants, legal advisers, trust advisers, financial advisers and professionals in the disabilities field. No Board member with voting power shall be a provider of nonincidental habilitative, health, social or education services to persons with disabilities or an employee of such a service provider. The Board may allow service providers to serve on a separate advisory board. Board members shall be selected from the geographic areas served by the Delaware CarePlan Trust. (b) Notwithstanding any other provision of law to the contrary, no member of the Board may receive fees or commissions for services provided as a member of the Board. (c) The Delaware CarePlan Trust shall be considered the trustee of any funds administered by it. No individual Board member shall be considered to be a trustee. (d) The Board shall adopt appropriate policies and bylaws in accordance with this chapter. (e) The Board may retain paid staff as it considers necessary to provide comprehensive care plan services to the extent required by each participant. The Delaware CarePlan Trust may authorize the expenditure of funds for any goods or services which, in its sole discretion, it determines will promote the well-being of any participant, including recreational services. The Delaware CarePlan Trust may pay for the burial of any participant. The Delaware CarePlan Trust, however, may not expend funds for any goods or services available to any particular participant through any governmental or charitable program, insurance or other sources available to the participant. The Delaware CarePlan Trust may expend funds to meet the reasonable costs of administration. (f) The Delaware CarePlan Trust may accept appointment as guardian of the person, guardian of the property or guardian of both on behalf of any participant. If the Delaware CarePlan Trust accepts appointment as guardian, it shall assign a staff member to carry out its responsibilities as guardian. The Delaware CarePlan Trust may, on request, offer consultative and professional assistance to the guardian of any of its participants. 71 Del. Laws, c. 360, §  1;
12 DE Code § 4004. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4004. Eligibility for participation and services.

§ 4004. Eligibility for participation and services. (a) A person with a disability may be eligible to be a participant in the Delaware CarePlan Trust:  (1) Upon a contribution of assets into the Delaware CarePlan Trust, or the Board's waiver of such contribution, by or on behalf of the person; and (2) Acceptance into the Delaware CarePlan Trust by the Board. (b) The Board is directed to develop standards of eligibility for participants. (1) The extent and character of the services and acceptance of participants are at the discretion of the Delaware CarePlan Trust. (2) The Delaware CarePlan Trust may accept contributions, bequests, payee services and/or property passing by beneficiary designation by or on behalf of persons with disabilities. (c) Upon the acceptance of a person with a disability as a participant, the Delaware CarePlan Trust shall develop a comprehensive care plan for the participant, and shall provide such plan to the donor and to the participant or the participant's representative. The comprehensive care plan shall include:  (1) A starting date for the delivery of services or the condition for commencing delivery of services; (2) The nature and duration of the services to be provided; and (3) The criteria or procedures for modifying the program of services from time to time. (d) The Delaware CarePlan Trust is not required to provide services to a participant who is a competent adult and who has refused to accept services, or who, in the Board's determination in accordance with this chapter, is no longer eligible to be a participant. Further, the Delaware CarePlan Trust shall not provide services of a nature or in a manner that would be contrary to the public policy of the State at the time such services are to be provided. In either case, the Delaware CarePlan Trust may offer alternate services that are consistent with the purposes of this chapter and in keeping with the best interest of the participant. 71 Del. Laws, c. 360, §  1;
12 DE Code § 4005. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4005. Special requests on behalf of participant.

§ 4005. Special requests on behalf of participant. (a) The Delaware CarePlan Trust may agree to fulfill any special requests made by or on behalf of a participant as long as the requests are consistent with this chapter and provided that adequate funds are available for such purpose. (b) The Delaware CarePlan Trust may agree to serve as trustee or as trust advisor for any individual trust created by or on behalf of a participant, regardless of whether the trust is revocable or irrevocable, has 1 or more remaindermen or contingent beneficiaries, or any other condition, so long as the individual trust is consistent with the purposes of this chapter. 71 Del. Laws, c. 360, §  1;
12 DE Code § 4006. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4006. Accountability.

§ 4006. Accountability. (a) The Delaware CarePlan Trust shall prepare a report annually itemizing all funds collected for the year, income earned, salaries, other expenses incurred and the opening and final trust balances. Such report shall be available to the public. (b) The Delaware CarePlan Trust shall, upon request, provide a copy of the report required under subsection (a) of this section to the participant or the participant's representative. (c) Each year, the Delaware CarePlan Trust shall prepare on behalf of each participant:  (1) A detailed individual statement of the services provided to each participant during the previous 12 months, and the services planned for such participant during the following 12 months; and (2) An accounting of expenditures made on behalf of the participant and the investments remaining in such participant's account. (d) The Delaware CarePlan Trust shall provide the statement required under subsection (c) of this section to the participant or the participant's representative, and, consistent with standards adopted by the Board to protect the participant's privacy rights, shall upon request provide such statement to each donor for the participant. (e) The Delaware CarePlan Trust shall provide the statement required under subsection (c) of this section as a final statement upon the withdrawal of a participant. 71 Del. Laws, c. 360, §  1;  70 Del. Laws, c. 186, §  1;
12 DE Code § 4007. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4007. Withdrawal of a participant; surplus trust funds.

§ 4007. Withdrawal of a participant; surplus trust funds. (a) The Board is directed to develop standards and procedures for the withdrawal of a participant from the Delaware CarePlan Trust. (1) A participant may withdraw from the Delaware CarePlan Trust. The death of a participant shall constitute a withdrawal from the Delaware CarePlan Trust. (2) The Board may determine that a participant must withdraw from the Delaware CarePlan Trust. (b) Upon the withdrawal of a participant from the Delaware CarePlan Trust, the Board may release from the Delaware CarePlan Trust all or any portion of the participant's surplus trust assets. (c) The Delaware CarePlan Trust may use surplus trust funds for purposes including, but not limited to, qualifying a person with a disability as a participant, reducing the charges for the cost of administration and for any other purpose that is consistent with this chapter. (d) The Delaware CarePlan Trust may not use a participant's surplus trust funds to make any charitable contribution on behalf of any participant or class of participants. 71 Del. Laws, c. 360, §  1;
12 DE Code § 4008. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4008. Charitable contributions.

§ 4008. Charitable contributions. The Delaware CarePlan Trust may accept contributions not designated for a particular participant, and use such contributions, in its discretion, for purposes including, but not limited to, qualifying a person with a disability as a participant, meeting start-up costs, reducing the charges to the trust for the cost of administration, and for any other purpose that is consistent with this chapter. 71 Del. Laws, c. 360, §  1;
12 DE Code § 4009. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4009. Effect on participation in government programs.

§ 4009. Effect on participation in government programs. Notwithstanding any other provision of law, a participant's interest in the Delaware CarePlan Trust shall be disregarded in assessing financial eligibility and liability under any program of government benefits or assistance. No government agency shall reduce the benefits or services available to any individual because that person is a participant. 71 Del. Laws, c. 360, §  1;
12 DE Code § 4010. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4010. Exemption from creditors.

§ 4010. Exemption from creditors. No participant shall have the power to assign, convey, alienate, or otherwise encumber any interest in the Delaware CarePlan Trust; nor shall such interest or any trust disbursement be subject to any creditor's claim, attachment, encumbrance or execution under any writ or proceeding in law or equity. 71 Del. Laws, c. 360, §  1;
12 DE Code § 4011. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4011. Trust not subject to law against perpetuities, restraints on alienation.

§ 4011. Trust not subject to law against perpetuities, restraints on alienation. The Delaware CarePlan Trust shall not be subject to or held to be in violation of any principle of law against perpetuities or restraints on alienation or perpetual accumulations of trusts. 71 Del. Laws, c. 360, §  1;
12 DE Code § 4012. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 40. Delaware Careplan Trust Act|§ 4012. Short title.

§ 4012. Short title. This chapter may be cited as the “Delaware CarePlan Trust Act.” 71 Del. Laws, c. 360, §  1;
12 DE Code § 4101. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 41. Conservator of Property for Persons Reported Missing or Captured While Serving in Armed Forces or as a Merchant Sailor|§ 4101. Appointment of conservator.

§ 4101. Appointment of conservator. Whenever a person, hereinafter referred to as an absentee, serving in or with the armed forces of the United States or a person serving as a merchant sailor has been reported or listed as missing or missing in action or interned in a neutral country or beleaguered, besieged or captured by an enemy has an interest in any form of property in this State or is a legal resident of this State and has not provided an adequate power of attorney authorizing another to act in the person's behalf in regard to such property or interest, then, the Register of Wills of the county of such absentee's legal domicile or of the county where such property is situated, upon petition alleging the foregoing facts and showing the necessity for providing care of the property of such absentee, made by any person who would have an interest in the property of the absentee were such absentee deceased, or on the Register's own motion, after notice to or on receipt of proper waivers from the heirs and next of kin of the absentee as provided by law for the administration of an estate and upon good cause being shown, may, after finding the facts to be as aforesaid, appoint a conservator to take charge of the absentee's estate, under the supervision and subject to the further orders of the Register. 45 Del. Laws, c. 231, §  1;  12 Del. C. 1953, §  4101;  70 Del Laws, c. 186,, §  1;
12 DE Code § 4102. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 41. Conservator of Property for Persons Reported Missing or Captured While Serving in Armed Forces or as a Merchant Sailor|§ 4102. Bond and powers of conservator.

§ 4102. Bond and powers of conservator. The Register of Wills may appoint any suitable person as conservator and may require such conservator to post an adequate surety bond and to make such reports as the Register deems necessary. The conservator shall have the same powers and authority as the guardian of the property of an infant or incompetent and shall be considered as an officer or arm of the court. 45 Del. Laws, c. 231, §  2;  12 Del. C. 1953, §  4102;
12 DE Code § 4103. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 41. Conservator of Property for Persons Reported Missing or Captured While Serving in Armed Forces or as a Merchant Sailor|§ 4103. Termination of conservatorship.

§ 4103. Termination of conservatorship. At any time upon petition signed by the absentee or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee the Register shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney-in-fact. Likewise, if at any time subsequent to the appointment of a conservator it appears that the absentee has died and an executor or administrator has been appointed for the absentee's estate, the Register shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held thereunder to such executor or administrator. 45 Del. Laws, c. 231, §  3;  12 Del. C. 1953, §  4103;  70 Del Laws, c. 186,, §  1;
12 DE Code § 4301. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 43. Uniform Act for Simplification of Fiduciary Security Transfers|§ 4301. Definitions.

§ 4301. Definitions. In this chapter, unless the context otherwise requires:  (1) “Assignment” includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. (2) “Claim of beneficial interest” includes a claim of any interest by a decedent's legatee, distributee, heirs or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee or a minor owner of a security registered in the name of a custodian or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on the claimant's behalf and includes a claim that the transfer would be in breach of fiduciary duties. (3) “Corporation” means a private or public corporation, association or trust issuing a security. (4) “Fiduciary” means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee. (5) “Person” includes an individual, a corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest or any other legal or commercial entity. (6) “Security” includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation. (7) “Transfer” means a change on the books of a corporation in the registered ownership of a security. (8) “Transfer agent” means a person employed or authorized by a corporation to transfer securities issued by the corporation.12 Del. C. 1953, §  4301;  54 Del. Laws, c. 141;  70 Del Laws, c. 186,, §  1;  73 Del. Laws, c. 329, §  56;
12 DE Code § 4302. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 43. Uniform Act for Simplification of Fiduciary Security Transfers|§ 4302. Registration in the name of a fiduciary.

§ 4302. Registration in the name of a fiduciary. A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent or correct description of the fiduciary relationship and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security. 12 Del. C. 1953, §  4302;  54 Del. Laws, c. 141.;
12 DE Code § 4303. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 43. Uniform Act for Simplification of Fiduciary Security Transfers|§ 4303. Assignment by a fiduciary.

§ 4303. Assignment by a fiduciary. Except as otherwise provided in this chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:  (1) May assume without inquiry that the assignment, even though to the fiduciary or to the fiduciary's nominee, is within the fiduciary's authority and capacity and is not in breach of the fiduciary duties; (2) May assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and (3) Is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.12 Del. C. 1953, §  4303;  54 Del. Laws, c. 141;  70 Del Laws, c. 186,, §  1;
12 DE Code § 4304. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 43. Uniform Act for Simplification of Fiduciary Security Transfers|§ 4304. Evidence of appointment or incumbency.

§ 4304. Evidence of appointment or incumbency. A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:  (1) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within 60 days before the transfer; or (2) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate. Corporations and transfer agents may adopt standards with respect to evidence of appointment or incumbency under this paragraph provided such standards are not manifestly unreasonable. Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this paragraph except to the extent that the contents relate directly to the appointment or incumbency.12 Del. C. 1953, §  4304;  54 Del. Laws, c. 141.;