reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › § 39A-205. Jurisdiction declined by reason of conduct.

§§ 39A-205. Jurisdiction declined by reason of conduct.
(a) If at any time the Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the Court may:
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) Continue to exercise jurisdiction after considering:
A. The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the Court's jurisdiction;
B. Whether it is a more appropriate forum than the court of any other state under the factors set forth in § 39A-204(c) of this title; and
C. Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 39A-202 of this title.
(b) If the Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorneys' fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The Court may not assess fees, costs, or expenses of any kind against this State or a governmental subdivision, agency, or instrumentality of this State unless authorized by law other than this chapter.
76 Del. Laws, c. 380, §  5;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › § 39A-206. Notice of proceeding.

§§ 39A-206. Notice of proceeding.
If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this State, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this State.
76 Del. Laws, c. 380, §  5;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › § 39A-207. Proceedings in more than 1 state.

§§ 39A-207. Proceedings in more than 1 state.
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under § 39A-202(a)(1) or (a)(2) of this title, if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the Court has jurisdiction under § 39A-201 of this title, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 39A-201 of this title before the appointment or issuance of the order.
(2) If the Court does not have jurisdiction under § 39A-201 of this title, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the Court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this State shall dismiss the petition unless the court in the other state determines that the court in this State is a more appropriate forum.
76 Del. Laws, c. 380, §  5;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › § 39A-301. Transfer of guardianship or conservatorship to another state.

§§ 39A-301. Transfer of guardianship or conservatorship to another state.
(a) A guardian or conservator appointed in this State may petition the Court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) of this section must be given to the persons that would be entitled to notice of a petition in this State for the appointment of a guardian or conservator.
(c) On the Court's own motion or on request of the guardian or conservator, the person who is incapacitated or a protected person, or other person required to be notified of the petition, the Court shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The Court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the Court is satisfied that the guardianship will be accepted by the court in the other state and the Court finds that:
(1) The person who is incapacitated is physically present in or is reasonably expected to move permanently to the other state;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the person who is incapacitated; and
(3) Plans for care and services for the person who is incapacitated in the other state are reasonable and sufficient.
(e) The Court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the Court is satisfied that the conservatorship will be accepted by the court of the other state and the Court finds that:
(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in § 39A-201 2.(B) of this title;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) Adequate arrangements will be made for management of the protected person's property.
(f) The Court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 39A-302 of this title; and
(2) The documents required to terminate a guardianship or conservatorship in this State.
76 Del. Laws, c. 380, §  5;  78 Del. Laws, c. 179, §§  128, 129;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › § 39A-401. Foreign guardians.

§§ 39A-401. Foreign guardians.
The authority of a guardian or conservator appointed in another state to act in this state is governed by § 3904 of this title.
76 Del. Laws, c. 380, §  5;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › § 39A-402. Effective date.

§§ 39A-402. Effective date.
This chapter applies to guardianship and protective proceedings begun on or after January 1, 2009.
76 Del. Laws, c. 380, §  5;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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.;
2023 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;
2023 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.;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 43. UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS › § 4305. Adverse claims.

§ 4305. Adverse claims.
(a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner and the issue of which the security is a part, provides an address for communications directed to the claimant and is received before the transfer. Nothing in this chapter relieves making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized in subsection (b) of this section.
(b) As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by the claimant. If the corporation or transfer agent so mails such a notice, it shall withhold the transfer for 30 days after the mailing and shall then make the transfer unless restrained by a court order.
12 Del. C. 1953, §  4305;  54 Del. Laws, c. 141;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 43. UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS › § 4306. Nonliability of corporation and transfer agent.

§ 4306. Nonliability of corporation and transfer agent.
A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this chapter.
12 Del. C. 1953, §  4306;  54 Del. Laws, c. 141.;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 43. UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS › § 4307. Nonliability of third persons.

§ 4307. Nonliability of third persons.
(a) No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves such a breach unless it is shown that the person acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty.
(b) If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of this chapter incurs no liability.
(c) This section does not impose any liability upon the corporation or its transfer agent.
12 Del. C. 1953, §  4307;  54 Del. Laws, c. 141.;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 43. UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS › § 4308. Territorial application.

§ 4308. Territorial application.
(a) The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized.
(b) This chapter applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in this State in connection with the acquisition, disposition, assignment or transfer of a security by or to a fiduciary and of a person who guarantees in this State the signature of a fiduciary in connection with such a transaction.
12 Del. C. 1953, §  4308;  54 Del. Laws, c. 141.;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 43. UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS › § 4309. Tax obligations.

§ 4309. Tax obligations.
This chapter does not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession or other taxes imposed by the laws of this State.
12 Del. C. 1953, §  4309;  54 Del. Laws, c. 141.;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 43. UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS › § 4310. Uniformity of interpretation.

§ 4310. Uniformity of interpretation.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
12 Del. C. 1953, §  4310;  54 Del. Laws, c. 141.;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 43. UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS › § 4311. Short title.

§ 4311. Short title.
This chapter may be cited as the “Uniform Act for Simplification of Fiduciary Security Transfers.”
12 Del. C. 1953, §  4311;  54 Del. Laws, c. 141.;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4501. Definitions.

§ 4501. Definitions.
In this chapter:
(1) “Adult” means an individual who has attained the age of 21 years.
(2) “Benefit plan” means an employer's plan for the benefit of an employee or partner.
(3) “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
(4) “Court” means Court of Chancery.
(5) “Custodial property” means (i) any interest in property transferred to a custodian under this chapter and (ii) the income from and proceeds of that interest in property.
(6) “Custodian” means a person so designated under § 4509 of this title or a successor or substitute custodian designated under § 4518 of this title.
(7) “Financial institution” means a bank, trust company, savings institution or credit union, chartered and supervised under state or federal law.
(8) “Guardian” means a person appointed or qualified by a court to act as general, limited or temporary guardian or conservator of a minor's property.
(9) “Legal representative” means an individual's personal representative or conservator.
(10) “Member of the minor's family” means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of whole or half-blood or by adoption.
(11) “Minor” means an individual who has not attained the age of 21 years.
(12) “Person” means an individual, corporation, organization or other legal entity.
(13) “Personal representative” means an executor, administrator, successor personal representative or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(14) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.
(15) “Transfer” means a transaction that creates custodial property under § 4509 of this title.
(16) “Transferor” means a person who makes a transfer under this chapter.
(17) “Trust company” means a financial institution, corporation or other legal entity authorized to exercise general trust powers.
70 Del. Laws, c. 393, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 196, §  1;  74 Del. Laws, c. 269, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4502. Scope and jurisdiction.

§ 4502. Scope and jurisdiction.
(a) This chapter applies to a transfer that refers to this chapter in the designation under § 4509(a) of this title by which the transfer is made if at the time of the transfer, the transferor, the minor or the custodian is a resident of this State or the custodial property is located in this State. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor or the custodian or the removal of custodial property from this State.
(b) A person designated as custodian under this chapter is subject to personal jurisdiction in this State with respect to any matter relating to the custodianship.
(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this State if at the time of the transfer, the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4503. Nomination of custodian.

§ 4503. Nomination of custodian.
(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words:
“as custodian for (name of minor) under the Delaware Uniform Transfers to Minors Act.” The nomination may name 1 or more persons as substitute custodians to whom the property must be transferred, in the order named, if the 1st nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment or in writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 4509(a) of this title.
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under § 4509 of this title. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 4509 of this title.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4504. Transfer by gift or exercise of power of appointment.

§ 4504. Transfer by gift or exercise of power of appointment.
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to § 4509 of this title.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4505. Transfer authorized by will or trust.

§ 4505. Transfer authorized by will or trust.
(a) A personal representative or trustee may make an irrevocable transfer pursuant to § 4509 of this title to a custodian for the benefit of a minor as authorized in the governing will or trust.
(b) If the testator or settlor has nominated a custodian under § 4503 of this title to receive the custodial property, the transfer must be made to that person.
(c) If the testator or settlor has not nominated a custodian under § 4503 of this title, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under § 4509(a) of this title.
70 Del. Laws, c. 393, §  1;  71 Del. Laws, c. 196, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4506. Other transfer by fiduciary.

§ 4506. Other transfer by fiduciary.
(a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to § 4509 of this title in the absence of a will or under a will or trust that does not contain an authorization to do so.
(b) Subject to subsection (c) of this section, a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to § 4509 of this title.
(c) A transfer under subsection (a) or (b) of this section may be made if:
(1) The personal representative, trustee or guardian considers the transfer to be in the best interest of the minor, which shall be presumed in the absence of contrary facts actually known to the personal representative, trustee or guardian;
(2) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and
(3) If the property exceeds $50,000 in value, the custodian designated by the personal representative, trustee or guardian is approved by the Court.
(d) If a transfer is made in conformity with the preceding provisions of this section and § 4509 of this title, the personal representative, trustee or guardian making the transfer shall have no liability to the minor therefor, including any obligation to see to the application of the proceeds of such transfer.
70 Del. Laws, c. 393, §  1;  71 Del. Laws, c. 196, §§  3-5;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4507. Transfer by obligor.

§ 4507. Transfer by obligor.
(a) Subject to subsections (b) and (c) of this section, a person not subject to § 4505 or § 4506 of this title who holds property of or owes a liquidated debt to a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to § 4509 of this title.
(b) If a person having the right to do so under § 4503 of this title has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
(c) If no custodian has been nominated under § 4503 of this title, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $50,000 in value or, if the property exceeds $50,000 in value, the custodian designated by the transferor is approved by the Court.
(d) A transfer under subsection (a) may be made:
(1) If the transferor considers the transfer to be in the best interest of the minor, which shall be presumed in the absence of contrary facts actually known to the transferor; and
(2) If the property exceeds $50,000 in value, the custodian designated by the transferor is approved by the Court.
If a transfer is made in conformity with the preceding provisions of this section and § 4509 of this title, the transferor shall have no liability to the minor therefor, including any obligation to see to the application of the proceeds of such transfer.
70 Del. Laws, c. 393, §  1;  71 Del. Laws, c. 196, §§  6-8;  74 Del. Laws, c. 269, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4508. Receipt for custodial property.

§ 4508. Receipt for custodial property.
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.
70 Del. Laws, c. 393, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 45. DELAWARE UNIFORM TRANSFERS TO MINORS ACT › § 4510. Single custodianship.

§ 4510. Single custodianship.
A transfer may be made only for 1 minor and only 1 person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
70 Del. Laws, c. 393, §  1;