reglab/housing_qa huggingface dataset:
12 DE Code § 4516. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 45. Delaware Uniform Transfers to Minors Act|§ 4516. Exemption of third person from liability.

§ 4516. Exemption of third person from liability. A third person, in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:  (1) The validity of the purported custodian's designation; (2) The propriety of or the authority under this chapter for any act of the purported custodian; (3) The validity of propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) The propriety of the application of any property of the minor delivered to the purported custodian.70 Del. Laws, c. 393, §  1;
12 DE Code § 4517. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 45. Delaware Uniform Transfers to Minors Act|§ 4517. Liability to third persons.

§ 4517. Liability to third persons. (a) A claim based on:  (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from the ownership or control of custodial property; or (3) A tort committed during the custodianship may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor. (b) A custodian is not personally liable:  (1) On a contract properly entered into in the custodial capacity, unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or (2) For an obligation arising from control of custodial property or for a tort committed during the custodianship, unless the custodian is personally at fault. (c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship, unless the minor is personally at fault. 70 Del. Laws, c. 393, §  1;
12 DE Code § 4519. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 45. Delaware Uniform Transfers to Minors Act|§ 4519. Accounting by and determination of liability of custodian.

§ 4519. Accounting by and determination of liability of custodian. (a) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor or a transferor's legal representative may petition the Court:  (1) For an accounting by the custodian or the custodian's legal representative; or (2) For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under § 4517 of this title to which the minor or the minor's legal representative was a party. (b) A successor custodian may petition the court for an accounting by the predecessor custodian. (c) The Court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account. (d) If a custodian is removed under § 4518(f) of this title, the Court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. 70 Del. Laws, c. 393, §  1;
12 DE Code § 4520. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 45. Delaware Uniform Transfers to Minors Act|§ 4520. Termination of custodianship.

§ 4520. Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:  (1) The minor's attainment of 21 years of age with respect to custodial property transferred under § 4504 or § 4505 of this title; (2) The minor's attainment of 18 years of age with respect to custodial property transferred under § 4506 or § 4507 of this title; or (3) The minor's death.70 Del. Laws, c. 393, §  1;
12 DE Code § 4521. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 45. Delaware Uniform Transfers to Minors Act|§ 4521. Applicability.

§ 4521. Applicability. This chapter applies to a transfer within the scope of § 4502 of this title made after June 26, 1996, if:  (1) The transfer purports to have been made under the Delaware Uniform Gifts to Minors Act; or (2) The instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this chapter is necessary to validate the transfer.70 Del. Laws, c. 393, §  1;
12 DE Code § 4522. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 45. Delaware Uniform Transfers to Minors Act|§ 4522. Effect on existing custodianships.

§ 4522. Effect on existing custodianships. (a) Any transfer of custodial property, as now defined in this chapter, made before June 26, 1996, is validated notwithstanding that there was no specific authority in the Delaware Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made. (b) This chapter applies to all transfers made before June 26, 1996, in a manner and form prescribed in the Delaware Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on June 26, 1996. (c) Sections 4501 and 4520 of this title with respect to the age of a minor for whom custodial property is held under this chapter do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of 18 after January 1, 1975, and before June 26, 1996. 70 Del. Laws, c. 393, §  1;
12 DE Code § 4523. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 45. Delaware Uniform Transfers to Minors Act|§ 4523. Short title.

§ 4523. Short title. This chapter may be cited as the “Delaware Uniform Transfers to Minors Act.” 70 Del. Laws, c. 393, §  1;
12 DE Code § 4701. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 47. Uniform Prudent Management of Institutional Funds Act|§ 4701. Short title.

§ 4701. Short title. This chapter may be cited as the “Uniform Prudent Management of Institutional Funds Act.” 59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
12 DE Code § 4702. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 47. Uniform Prudent Management of Institutional Funds Act|§ 4702. Definitions.

§ 4702. Definitions. In this chapter:  (1) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community. (2) “Endowment fund” means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use. (3) “Gift instrument” means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund. (4) “Institution” means:  a. A person, other than an individual, organized and operated exclusively for charitable purposes; b. A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and c. A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated. (5) “Institutional fund” means a fund held by an institution exclusively for charitable purposes. The term does not include:  a. Program-related assets; b. A fund held for an institution by a trustee that is not an institution; or c. A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund. (6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (7) “Program-related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment. (8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
12 DE Code § 4704. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 47. Uniform Prudent Management of Institutional Funds Act|§ 4704. Appropriation for expenditure or accumulation of endowment fund; rules of construction.

§ 4704. Appropriation for expenditure or accumulation of endowment fund; rules of construction. (a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:  (1) The duration and preservation of the endowment fund; (2) The purposes of the institution and the endowment fund; (3) General economic conditions; (4) The possible effect of inflation or deflation; (5) The expected total return from income and the appreciation of investments; (6) Other resources of the institution; and (7) The investment policy of the institution. (b) To limit the authority to appropriate for expenditure or accumulate under subsection (a), a gift instrument must specifically state the limitation. (c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income,” “interest,” “dividends,” or “rents, issues, or profits,” or “to preserve the principal intact,” or words of similar import:  (1) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and (2) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a) of this section.59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
12 DE Code § 4705. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 47. Uniform Prudent Management of Institutional Funds Act|§ 4705. Delegation of management and investment functions.

§ 4705. Delegation of management and investment functions. (a) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:  (1) Selecting an agent; (2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and (3) Periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation. (b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation. (c) An institution that complies with subsection (a) of this section is not liable for the decisions or actions of an agent to which the function was delegated. (d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function. (e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this State other than this chapter. 59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
12 DE Code § 4706. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 47. Uniform Prudent Management of Institutional Funds Act|§ 4706. Release or modification of restrictions on management, investment, or purpose.

§ 4706. Release or modification of restrictions on management, investment, or purpose. (a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution. (b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor's probable intention. (c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. (d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:  (1) The institutional fund subject to the restriction has a total value of less than $25,000; (2) More than 20 years have elapsed since the fund was established; and (3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.59 Del. Laws, c. 572, §  1;  76 Del. Laws, c. 159, §  1;
12 DE Code § 4707. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 47. Uniform Prudent Management of Institutional Funds Act|§ 4707. Reviewing compliance.

§ 4707. Reviewing compliance. Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. 59 Del. Laws, c. 572, §  1;  70 Del Laws, c. 186,, §  1;  76 Del. Laws, c. 159, §  1;
12 DE Code § 4708. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 47. Uniform Prudent Management of Institutional Funds Act|§ 4708. Application to existing institutional funds.

§ 4708. Application to existing institutional funds. This chapter applies to institutional funds existing on or established after July 31, 2007. As applied to institutional funds existing on July 31, 2007, this chapter governs only decisions made or actions taken on or after that date. 76 Del. Laws, c. 159, §  1;
12 DE Code § 4709. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 47. Uniform Prudent Management of Institutional Funds Act|§ 4709. Relation to Electronic Signatures In Global and National Commerce Act.

§ 4709. Relation to Electronic Signatures In Global and National Commerce Act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101 of that act, 15 U.S.C. § 7001(a), or authorize electronic delivery of any of the notices described in § 103 of that act, 15 U.S.C. § 7003(b). 76 Del. Laws, c. 159, §  1;
12 DE Code § 4710. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 47. Uniform Prudent Management of Institutional Funds Act|§ 4710. Applicability and construction.

§ 4710. Applicability and construction. This chapter shall apply solely to trusts and estates included within the meaning of the terms “institution,” “institutional fund” and “person” as used under this chapter and no part of this chapter shall apply to, or affect, the validity, construction, interpretation, effect, administration or management of any other trust or estate or the governing instrument thereof. 76 Del. Laws, c. 159, §  1;
12 DE Code § 4901. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49. Durable Powers of Attorney|§ 4901. Defined.

§ 4901. Defined. A durable power of attorney is a power of attorney by which a principal designates another agent in writing, and the writing contains the words: “This power of attorney shall not be affected by subsequent disability or incapacity of the principal,” or “This power of attorney shall become effective upon the disability or 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 disability or incapacity. 63 Del. Laws, c. 267, §  1;  77 Del. Laws, c. 467, §  1;
12 DE Code § 4902. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49. Durable Powers of Attorney|§ 4902. Power not affected by disability.

§ 4902. Power not affected by disability. All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and by the principal, and the principal's successors in interest, as if the principal did not have a disability or incapacity. 63 Del. Laws, c. 267, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 467, §  1;  78 Del. Laws, c. 179, §  131;
12 DE Code § 4903. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49. Durable Powers of Attorney|§ 4903. Relation of agent to court-appointed fiduciary.

§ 4903. Relation of agent to court-appointed fiduciary. (a) 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 shall terminate all powers of attorney created pursuant to this chapter to the extent the powers held by the agent prior to the appointment of a guardian or other fiduciary are granted to the guardian or other fiduciary. (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 principal as to any powers 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. 63 Del. Laws, c. 267, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 467, §  1;
12 DE Code § 4904. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49. Durable Powers of Attorney|§ 4904. Death, disability or incapacity of principal.

§ 4904. Death, disability or incapacity of principal. (a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke nor terminate the agency as to the agent, or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the successors in interest of the principal. (b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke nor terminate the agency as to the agent, or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. 63 Del. Laws, c. 267, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 467, §  1;
12 DE Code § 4905. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49. Durable Powers of Attorney|§ 4905. Exercise of power after revocation.

§ 4905. Exercise of power after revocation. As to acts undertaken in good faith reliance thereon, an affidavit executed by the agent under a power of attorney, durable or otherwise, stating that the agent did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death, disability or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time, the occurrence of an event other than an expressed revocation or a change in the principal's capacity. 63 Del. Laws, c. 267, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 467, §  1;
12 DE Code § 4906. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 49. Durable Powers of Attorney|§ 4906. Relation of this chapter to Chapter 49A of this title.

§ 4906. Relation of this chapter to Chapter 49A of this title. The provisions of this chapter shall not apply to any personal power of attorney governed by Chapter 49A of this title. 77 Del. Laws, c. 467, §  3;
12 DE Code § 5001. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 50. Fiduciary Access to Digital Assets and Digital Accounts|§ 5001. Short title.

§ 5001. Short title. This chapter may be cited as the “Fiduciary Access to Digital Assets and Digital Accounts Act.” 79 Del. Laws, c. 416, §  1;
12 DE Code § 5003. (2021)
2021 Delaware Code|Title 12 - Decedents' Estates and Fiduciary Relations|Chapter 50. Fiduciary Access to Digital Assets and Digital Accounts|§ 5003. Applicability.

§ 5003. Applicability. This chapter applies to a grant of authority to a fiduciary over a digital account or a digital asset. Digital assets and digital accounts of an employer regularly used by an employee or contractor in the usual course of business are not subject to the provisions of this chapter. 79 Del. Laws, c. 416, §  1;