reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter I. Appointment, Bond and Tenure of Guardian › § 3907. Counter security upon petition of surety.

§ 3907. Counter security upon petition of surety.
The Court of Chancery shall, on the petition of the surety of an executor, administrator or guardian, and proof that the executor, administrator or guardian is in danger of suffering injury or loss from such suretyship, order such executor, administrator or guardian to give the petitioner sufficient counter security to be approved by the Court and if neglecting to obey such order, the Court may remove the executor, administrator or guardian from office and order the executor, administrator or guardian to pay and deliver all the money, effects and estate in the executor's, administrator's, or guardian's hands as such executor, administrator or guardian to another guardian or to a receiver appointed by the Court and may enforce obedience to such order.
Code 1852, §  1969;  Code 1915, §  3920;  Code 1935, §  4428;  12 Del. C. 1953, §  3909;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter I. Appointment, Bond and Tenure of Guardian › § 3908. Removal, resignation or death of guardian.

§ 3908. Removal, resignation or death of guardian.
(a) The Court of Chancery may remove a guardian for any sufficient cause. A guardian may, on petition, be allowed to resign when it appears to the Court proper to allow the same. On every such removal or resignation and also on the death of any guardian the Court may appoint a successor guardian.
(b) The Court shall direct the guardian so resigning or removed to render a full account of the guardianship before the Court and may order the guardian to pay and deliver all the money, effects and estate in the guardian's hands as such guardian to the guardian's successor or to a receiver appointed by the Court, to the former person with a disability, or to the guardian's personal representative and may enforce such orders. The Court may also order suit to be brought on the guardian's bond, which suit may be prosecuted in the name of the person with a disability by next friend or guardian and it shall in no way affect or impair the right of excepting to the guardian's accounts.
Code 1852, §  1968;  22 Del. Laws, c. 451, §  2;  Code 1915, §  3919;  Code 1935, §  4427;  12 Del. C. 1953, §  3910;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §§  96, 97;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter I. Appointment, Bond and Tenure of Guardian › § 3909. Term of guardianship.

§ 3909. Term of guardianship.
(a) If the only allegation of disability in the petition for appointment of a guardian was that the person was a minor, unless terminated earlier by the Court upon application of the guardian, the minor or other interested party, or by the death of the minor, the guardianship of such minor shall terminate automatically when the minor attains the age of 18 years.
(b) The automatic termination of the guardianship of the property of any minor shall not relieve the guardian of any duty to account. The guardian may be released by the Court of Chancery upon application of the guardian or the former minor.
(c) The guardianship of the person or property, or both, of any person with a disability for reasons other than minority shall continue until 1 of the following occur:
(1) The death of the person with a disability.
(2) Termination by the Court of Chancery upon application of the guardian, the person with a disability, or another interested party.
Code 1852, §§  1959, 1960;  19 Del. Laws, c. 257, §  1;  22 Del. Laws, c. 451, §  1;  Code 1915, §  3914;  Code 1935, §  4422;  12 Del. C. 1953, §  3911;  58 Del. Laws, c. 511, §  67;  64 Del. Laws, c. 185, §  1;  65 Del. Laws, c. 337, §  1;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §§  98, 99;  82 Del. Laws, c. 90, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter I. Appointment, Bond and Tenure of Guardian › § 3910. Receiver for property of minor; appointment, powers, accounting and bond.

§ 3910. Receiver for property of minor; appointment, powers, accounting and bond.
(a) If a minor has real or personal property and no guardian, the Court of Chancery may appoint a receiver to take charge of such property during its pleasure and may make such regulations touching this matter, as are deemed proper. The Court may enforce any order made upon a receiver.
(b) The receiver shall be required to account annually or oftener and shall deposit any balance, appearing in the receiver's hands, to be invested or otherwise disposed of for the minor's benefit.
(c) A receiver, appointed under this section, shall become bound, with sufficient surety, to the State in a joint and several obligation, to be approved by the Court, with condition, in substance, to account for all money, effects and estate which shall come to the receiver's hands pursuant to the receiver's appointment and to pay and deliver the same as the Court orders and to well and faithfully execute the trusts and duties of the office of receiver.
Code 1852, §§  1970, 1986, 1987;  Code 1915, §§  3921, 3933;  Code 1935, §§  4429, 4440;  12 Del. C. 1953, §  3913;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter II. Powers and Duties of Guardian › § 3921. Powers and duties of guardian; general.

§ 3921. Powers and duties of guardian; general.
(a) A guardian shall have either the care of the person or the possession and management of all the property of the person with a disability or both the care of the person and the possession and management of the property, except to the extent the Court of Chancery may otherwise direct.
(b) Every guardian of the property shall file with the Court within 30 days after appointment a verified inventory of the property of the person with a disability with respect to which the guardian acts. Said inventory shall include the fair market value of all property of which the guardian has knowledge after diligent inquiry. If, after filing an inventory, a guardian shall acquire or discover other such property not described therein, except property received from the executor to be paid by a trustee pursuant to § 3525 [repealed] of this title, the guardian shall file a verified supplemental inventory describing such property within 30 days after acquiring or discovering such property.
(c) The guardian of the property shall, in the name of the person with a disability, do whatever is necessary for the care, preservation and increase of the property of the person with a disability, and shall invest the property in accordance with Chapter 33 of this title, unless investments are restricted by the Court.
(d) The guardian may petition the Court for instructions concerning the guardian's fiduciary responsibility.
(e) The guardian may employ, retain or consult accountants, investment counsel, attorneys-at-law and other professional advisers and pay their reasonable fees and expenses.
Code 1852, §§  1492-1494;  Code 1915, §  3090;  30 Del. Laws, c. 202, §  1;  Code 1935, §  80;  43 Del. Laws, c. 208, §  1;  12 Del. C. 1953, §  3921;  56 Del. Laws, c. 321;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §  100;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter II. Powers and Duties of Guardian › § 3924. Estoppel to dispute the right to property of a person with a disability.

§ 3924. Estoppel to dispute the right to property of a person with a disability.
Neither a guardian nor the representatives of the guardian shall dispute the right to property of a person with a disability which comes to the guardian's possession, unless such property has been recovered from the guardian or there is a personal action pending on account of it.
Code 1852, §§  1492-1494;  Code 1915, §  3090;  30 Del. Laws, c. 202, §  1;  Code 1935, §  3580;  43 Del. Laws, c. 208, §  1;  12 Del. C. 1953, §  3922;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §§  102, 103;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter II. Powers and Duties of Guardian › § 3925. Transfer by guardian of corporate securities.

§ 3925. Transfer by guardian of corporate securities.
Upon the transfer by a guardian of a person with a disability of the stocks, bonds or other securities of any corporation, the certificate of the Register in Chancery in which such guardian was appointed, or other proper public official, shall be sufficient authority to the officers of such corporation to transfer or reissue such stocks, bonds or other securities to such person as such guardian may in writing direct.
20 Del. Laws, c. 115, §  5;  Code 1915, §  3098;  Code 1935, §  3588;  12 Del. C. 1953, §  3926;  57 Del. Laws, c. 402, §  5;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §  104;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter II. Powers and Duties of Guardian › § 3926. Exercise of rights belonging to a person with a disability.

§ 3926. Exercise of rights belonging to a person with a disability.
No person dealing with the receiver of a minor or with a guardian of a person with a disability shall be entitled to rely on the authority of such receiver or guardian to:
(1) Release claims;
(2) Settle tort claims; or
(3) Convey title to real property without prior court approval of such act.
69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §§  105, 106;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter II. Powers and Duties of Guardian › § 3927. Compensation of guardian of the property.

§ 3927. Compensation of guardian of the property.
(a) As used in this section, the term “qualified guardian” means any person who is a “qualified trustee” as defined in § 3561 of this title.
(b) All persons who serve as guardian of the property of a person with a disability shall be entitled to reasonable compensation for their services.
(c) Each qualified guardian shall file with the Register in Chancery for every county in this State, a copy of a schedule or a formula by which its allowance as compensation for serving as guardian of the property of a person with a disability shall be computed. Such schedule or formula may be based upon or reflect the following factors:
(1) The time spent or likely to be spent in administering a guardianship of the property.
(2) The risks and responsibilities involved.
(3) The novelty and difficulty of the tasks required of the guardian.
(4) The skill and experience of the guardian.
(5) Comparable charges for similar services.
(6) The character of the guardianship assets.
(7) The time constraints imposed upon the guardian in administering the trust.
The schedule or formula pursuant to this subsection shall result in a fee no greater than that filed by the qualified guardian pursuant to § 3561 of this title with respect to its fees as trustee, for a trust of comparable size.
(d) Each qualified guardian shall provide a copy of its current guardianship fee schedule or formula as filed or upon any filing pursuant to subsection (c) of this section to such persons as the Court of Chancery may require by rule of the court or by the order of the Court of Chancery appointing the qualified guardian.
(e) For other persons serving as guardian of the property of a person with a disability, the Court of Chancery shall from time to time promulgate a rule fixing the method by which guardians of the property other than qualified guardians may be allowed compensation for their services.
(f) Upon proper showing, the Court of Chancery may fix or allow greater compensation than that set forth in the fee schedule of a qualified guardian or that allowed by rule of the Court of Chancery, whichever is applicable, where the compensation provided in the fee schedule of a qualified guardian or that allowed by rule of the Court of Chancery, whichever is applicable, is inadequate because the duties of the guardianship are substantially greater than those for a typical guardianship of its size or under extraordinary circumstances.
76 Del. Laws, c. 90, §  11;  78 Del. Laws, c. 179, §  107;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter III. Accounting and Settlement › § 3941. Guardian's duty to account.

§ 3941. Guardian's duty to account.
(a) A guardian of the property shall fully account, in accordance with this subchapter, for all the money, effects and property of the person with a disability which the guardian has received, but a guardian of the person shall have no duty to account or otherwise report to the Court, except as provided by order of the Court.
(b) The personal representative of a guardian who dies in office shall, upon appointment as personal representative, advise the Court of Chancery and the next of kin of the person with a disability of the death of the guardian and thereafter assume the duties of the guardian until a successor guardian is appointed. The personal representative shall file a petition for the appointment of an appropriate successor guardian within 60 days of being appointed personal representative if no other interested party has filed such a petition. The personal representative shall render to the Court an account of the decedent's guardianship (including such period of time the personal representative performed the duties of the guardian prior to appointment of a successor guardian) within 3 months of the grant of letters testamentary or letters of administration.
Code 1852, §  1496;  21 Del. Laws, c. 293, §§  1-3;  Code 1915, §  3092;  Code 1935, §  3582;  12 Del. C. 1953, §  3941;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §  108;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter III. Accounting and Settlement › § 3942. Filing, adjusting and settling guardian's accounts.

§ 3942. Filing, adjusting and settling guardian's accounts.
All guardians' accounts shall be filed with and be adjusted and settled by the Court of Chancery by which such guardians were appointed.
22 Del. Laws, c. 444, §  1;  Code 1915, §  3091;  Code 1935, §  3581;  12 Del. C. 1953, §  3942;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter III. Accounting and Settlement › § 3943. Time of filing guardian's accounts.

§ 3943. Time of filing guardian's accounts.
Every guardian of the property shall render an account of the guardianship at the end of 1 year from the guardian's appointment and afterwards as the Court of Chancery in which such guardian was appointed requires, but not more often than once in 2 years, unless there is a special occasion.
Code 1852, §  1495;  21 Del. Laws, c. 293, §§  1-3;  Code 1915, §  3092;  Code 1935, §  3582;  12 Del. C. 1953, §  3943;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter III. Accounting and Settlement › § 3944. Failure to file account; extension of time for filing.

§ 3944. Failure to file account; extension of time for filing.
(a) The Court may excuse the filing of an account or accounts required under § 3941 of this title for cause shown or if waived by:
(1) If the person with a disability has a will, all of those persons who would be entitled to the residue of the estate of the person with a disability if the person with a disability died at the time any such accounting would otherwise be required or was required to be filed; or
(2) If the person with a disability has no will, all of those persons who would be entitled to the real and personal property of the person with a disability if the person with a disability died at the time any such accounting would otherwise be required or was required to be filed, intestate and a resident of the State.
The Court may also, for cause shown, extend the time for the guardian to file an account or accounts. If no account is required of the guardian pursuant to this subsection, no inventory of the guardianship estate need be filed by the guardian.
(b) If a guardian fails to account when due, the Court shall cite such guardian therefore and may compel the filing of the account by process of attachment or by imprisonment.
Code 1852, §§  1497, 1498;  21 Del. Laws, c. 293, §§  1-3;  Code 1915, §  3092;  Code 1935, §  3582;  12 Del. C. 1953, §  3944;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  76 Del. Laws, c. 90, §  16;  78 Del. Laws, c. 179, §  109;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter III. Accounting and Settlement › § 3945. Appeals from orders adjusting and settling guardian's accounts.

§ 3945. Appeals from orders adjusting and settling guardian's accounts.
Appeals from orders of the Court of Chancery adjusting or settling guardian's accounts shall be received, heard and determined by the Supreme Court.
22 Del. Laws, c. 441, §  4;  Code 1915, §  3095;  Code 1935, §  3585;  12 Del. C. 1953, §  3945;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter III. Accounting and Settlement › § 3946. Settlement with ward at termination of guardianship.

§ 3946. Settlement with ward at termination of guardianship.
The Court of Chancery may order that any property in the guardian's possession, as such, at the close of the guardianship, shall be delivered to the former person with a disability or the representatives of the person with a disability and enforce obedience to such order.
Code 1852, §  1975;  Code 1915, §  3924;  Code 1935, §  4432;  12 Del. C. 1953, §  3946;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §§  110-112;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter III. Accounting and Settlement › § 3947. Absence of person with a disability from State; settlement of account.

§ 3947. Absence of person with a disability from State; settlement of account.
(a) If in any case a guardian of the property shall not be able to settle with and pay to the person with a disability, on the termination of the guardianship, the money due from the guardian to the person with a disability, in consequence of the absence of the person with a disability from this State and the place of residence of the person with a disability being unknown to the guardian, the guardian may settle and pay the money into the Court of Chancery for the county in which the guardian was appointed.
(b) The Court in which such settlement and payment shall be made shall invest the money for the use and benefit of the person with a disability.
(c) Upon payment of the money into Court the guardian and the guardian's surety or sureties shall be discharged from all liability for or on account of the money so paid into Court and of any interest thereon from the date of the payment into Court.
11 Del. Laws, c. 200, §  1;  Code 1915, §  3927;  Code 1935, §  4434;  12 Del. C. 1953, §  3947;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §  113;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter IV. Sale of Real Estate of Person with a Disability › § 3952. Trustee's bond.

§ 3952. Trustee's bond.
If a trustee is appointed to sell real estate of the person with a disability, the trustee may be required to give security in such sum as the Court directs.
Code 1852, §  1995;  Code 1915, §  3937;  Code 1935, §  4444;  12 Del. C. 1953, §  3952;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §  117;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter IV. Sale of Real Estate of Person with a Disability › § 3953. Sale on credit; security for purchase price.

§ 3953. Sale on credit; security for purchase price.
In any order granted by the Court of Chancery for the sale of real estate owned by a person with a disability, the Court may direct such sale to be made upon credit, either as to the whole or part of the purchase money, the payment of the purchase money to be at such time or times and to be secured in such manner as the Court by the order of sale or otherwise prescribes. The Court may order and direct all such acts and proceedings touching the premises as it deems necessary to better effectuate the object of this section.
13 Del. Laws, c. 458, §  1;  Code 1915, §  3935;  Code 1935, §  4442;  12 Del. C. 1953, §  3953;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §  118;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter IV. Sale of Real Estate of Person with a Disability › § 3954. Proceeds of sale; payment.

§ 3954. Proceeds of sale; payment.
The proceeds of the sale shall be personal property. Such proceeds, after deducting all expenses allowed by the Court, may be ordered to be paid to the guardian of the property to be accounted for as personal property of the person with a disability in the regular course of the guardianship or such proceeds may be ordered to be deposited in a bank to the credit of the person with a disability, to be invested, loaned or disposed of for the benefit of the person with a disability.
Code 1852, §§  1988-1992;  Code 1915, §  3934;  Code 1935, §  4441;  12 Del. C. 1953, §  3955;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 179, §  119;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter IV. Sale of Real Estate of Person with a Disability › § 3955. Guardian's bond.

§ 3955. Guardian's bond.
(a) When the proceeds shall be ordered to be paid to or shall otherwise come to the hands of a guardian they shall be within the condition of the guardian's bond and the guardian and the guardian's sureties, both in the original bond and in any additional bond which may be taken, shall be liable for the proceeds in the same manner as for other property of the person with a disability.
(b) In every case of the sale of the real estate of a person with a disability and in every case where the guardian's liability is or may be increased, the Court of Chancery may require the guardian to give such additional security as may be deemed necessary, by obligation, with surety or sureties, in the same manner and form as original security.
Code 1852, §§  1988-1993;  Code 1915, §§  3934-3936;  Code 1935, §§  4441, 4443;  12 Del. C. 1953, §  3956;  57 Del. Laws, c. 402, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 179, §  120;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter V. Investment by Court of Chancery of Fund of Minors › § 3971. Investment power of Court of Chancery; general requirements.

§ 3971. Investment power of Court of Chancery; general requirements.
(a) The Court of Chancery shall have control of money paid into the Court to the credit of any minor who cannot be located, and may invest such money in bank deposits as the Court shall approve, and may change, renew, extend, call in or collect any such investment.
(b) The investment shall be in the name of the minor or minors entitled to the money, either personally or by designation as children, legatees, heirs or representatives of another and the Court may, at any time, apportion and divide the same among them.
(c) At such time as the minor for whom money is held or invested under this subchapter is located, the Court may direct the evidence of such investments to be delivered to the former minor, the guardian of the property of the minor, or in case of death of the minor, to the minor's executors or administrators and may by order direct the bank to pay to the person entitled or to the person's agent or representative the evidences of ownership of the money. Such order shall vest in such person full power over such investment or all unpaid interest which may have accrued thereon.
Code 1852, §§  1980-1984;  16 Del. Laws, c. 136, §  1;  Code 1915, §  3928;  Code 1935, §  4435;  12 Del. C. 1953, §  3971;  57 Del. Laws, c. 402, §§  3, 5;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VI. Public Guardian › § 3981. Office established; appointment.

§ 3981. Office established; appointment.
(a) There is established an Office of the Public Guardian, with a Public Guardian who shall serve as follows:
(1) The guardian of last resort for the citizens of Delaware who have been determined to lack capacity to make decisions regarding their persons, their property, or both.
(2) The representative payee of last resort for Social Security benefits.
(3) The VA fiduciary of last resort for Department of Veterans Affairs benefits.
(b) The Public Guardian shall advocate and provide services under subsection (a) of this section, work with advocacy groups and state agencies to promote systemic reform and recommend changes in the law, procedure and policy necessary to enhance the provision of services for substituted and supported decision-making, and act as an informational resource for the public. The Public Guardian shall serve as Executive Director of the Delaware Guardianship Commission and promote the purposes of the Commission, and shall represent the Office of the Public Guardian in matters in which the appointment of the Public Guardian is sought.
(c) To bring about these goals, the Public Guardian must be an attorney duly licensed to practice law in Delaware, selected by the Governor, and shall serve for a term of 6 years from the date of swearing in.
59 Del. Laws, c. 579, §  9;  60 Del. Laws, c. 511, §  50;  60 Del. Laws, c. 570, §  9;  60 Del. Laws, c. 722, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 40, §  1;  78 Del. Laws, c. 179, §§  121-123;  80 Del. Laws, c. 302, § 1;  82 Del. Laws, c. 90, § 3;  83 Del. Laws, c. 37, § 14;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VI. Public Guardian › § 3982. Definitions.

§ 3982. Definitions.
For the purposes of this chapter:
(1) “Court” means the Court of Chancery or the court which has jurisdiction for the appointment of guardians for the person, or property, or both, pursuant to this chapter.
(2) “Guardian” means a court-appointed guardian.
(3) “Guardianship Commission” means the Delaware Guardianship Commission.
(4) The term “last resort'' includes any of the following:
a. Circumstances in which there is no other suitable person related to the individual willing or able to serve as surrogate decision maker guardian, representative payee, or VA fiduciary.
b. Circumstances in which a person willing or able to serve, or already serving, as a validly appointed agent of a durable power of attorney, a surrogate decision maker, representative payee, VA fiduciary, or a guardian, is available but sufficient cause has been found by the court that the individual available or so acting is not suitable to serve and that the appointment of the Public Guardian is in the best interest of the person who is incapacitated.
c. Exceptional circumstances have been found by the court to establish that appointment of the Public Guardian is in the best interest of the person who is incapacitated.
(5) “Person who is incapacitated'' means a “person with a disability'' as that term is defined under § 3901(a)(2) of this title.
(6) “Representative payee” means a person appointed by the Social Security Administration to receive Social Security or SSI benefits for an individual who cannot manage or direct the management of the individual's Social Security or SSI benefits.
(7) “VA fiduciary” means a person appointed by the Department of Veterans Affairs (VA) to receive VA benefits for an individual who is unable to manage the individual's VA benefits.
78 Del. Laws, c. 40, §  1;  78 Del. Laws, c. 179, §§  121-123;  82 Del. Laws, c. 90, § 4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VI. Public Guardian › § 3984. Staff; budgeting; finance.

§ 3984. Staff; budgeting; finance.
The Public Guardian may appoint subordinates and delegate the appointed authority to subordinates to assist in carrying out the purposes of this subchapter. Subordinates may include such nonprofit organizations as the Public Guardian shall deem to be qualified in carrying out the duties as a subordinate guardian. The Public Guardian shall prepare an annual fiscal budget for the operation of the Office of the Public Guardian.
The General Assembly may annually appropriate such sums as it may deem necessary for the payment of the salary of the Public Guardian, the staff, and for the payment of actual expenses incurred by the Office of the Public Guardian. The Office of the Public Guardian shall be operated within limitation of the annual appropriation and any other funds appropriated by the General Assembly or designated for that purpose from the estate of the person with a disability by the court.
Special funds may be used in accordance with approved programs, grants, and appropriations.
59 Del. Laws, c. 579, §  9;  60 Del. Laws, c. 511, §  50;  60 Del. Laws, c. 570, §  9;  60 Del. Laws, c. 722, §  3;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 40, §  1;  78 Del. Laws, c. 179, §§  121-123;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VI. Public Guardian › § 3985. Court costs and allocation of costs.

§ 3985. Court costs and allocation of costs.
In any proceeding for appointment of the Office of the Public Guardian, or in any proceeding involving the estate of a person with a disability for whom the Public Guardian has been appointed guardian of the person or of the property, the court may waive any court costs or filing fees.
If the Public Guardian has been appointed guardian of the person or of the property, administrative costs and all costs incurred in the appointment procedure shall not be charged against the income or estate of the person. If at any time the court determines that the income or the estate of the person can support the payment of any part of these costs, the court may enter an order charging that part of the payment of cost against the income or estate.
59 Del. Laws, c. 579, §  9;  60 Del. Laws, c. 511, §  50;  60 Del. Laws, c. 570, §  9;  60 Del. Laws, c. 722, §  3;  69 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 40, §  1;  78 Del. Laws, c. 179, §§  121-123;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VI. Public Guardian › § 3986. Collection of guardianship fees

§ 3986. Collection of guardianship fees
(a) The Public Guardian may collect fees for the provision of its services from the income or resources of any person for which it has been appointed guardian of the person or property or for whom it acts as representative payee.
(b) A person receiving services from the Office of the Public Guardian whose financial resources are deemed sufficient, pursuant to standards to be established by the Guardianship Commission and to be approved by the Court, shall be required to pay compensation for services related to guardianship or representative payee duties in accordance with such established standards. The Court may, in its discretion, alter or amend any financial obligation imposed under this section.
(c) Fees collected shall not go into the General Fund but shall be held in a special fund to be expended by the Office of the Public Guardian in furtherance of its purpose and to support the Guardianship Commission.
83 Del. Laws, c. 95, § 1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VI. Public Guardian › § 3987. Indemnification from liability.

§ 3987. Indemnification from liability.
No attorney, director, investigator, social worker, or other person employed by, contracted by, or volunteering for the Office of the Public Guardian shall be subject to suit directly, derivatively, or by way of contribution or indemnification for any civil damages under the laws of Delaware resulting from any act or omission performed during or in connection with the discharge of his or her duties with the Office within the scope of his or her appointment or employment, unless the act or omission was done with gross or wanton negligence, or maliciously, or in bad faith.
78 Del. Laws, c. 40, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VI. Public Guardian › § 3988. Bond.

§ 3988. Bond.
The Public Guardian shall post bond as required by the court upon the appointment of the office. The Office of the Public Guardian shall apply for and maintain bond sufficient to insure the assets managed by the office.
59 Del. Laws, c. 579, §  9;  60 Del. Laws, c. 511, §  50;  60 Del. Laws, c. 570, §  9;  60 Del. Laws, c. 722, §  3;  69 Del. Laws, c. 109, §  2;  70 Del Laws, c. 186,, §  1;  78 Del. Laws, c. 40, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VII. Delaware Guardianship Commission › § 3991. The Guardianship Commission.

§ 3991. The Guardianship Commission.
(a) The Delaware Guardianship Commission is hereby established and shall be known as the “Guardianship Commission.” The Commission shall consist of 13 members and shall be staffed by the Office of the Public Guardian. The Guardianship Commission shall be comprised of the following:
(1) One member from the Court of Chancery, designated by the Chancellor.
(2) A representative from the Department of Justice, designated by the Attorney General.
(3) The Director of the Guardianship Monitoring Program, or the Director's designee.
(4) One member of the House of Representatives, designated by the Speaker of the House.
(5) One member of the Senate, designated by the President Pro Tempore of the Senate.
(6) The Director of the Division of Services for Aging and Adults with Physical Disabilities, or the Director's designee.
(7) The Director of the Division of Substance Abuse and Mental Health, or the Director's designee.
(8) The Director of the Division of Developmental Disabilities Services, or the Director's designee.
(9) The Secretary of the Department of Health and Social Services, or the Secretary's designee.
(10) A representative from the Disability Community, designated by the Secretary of Health and Social Services.
(11) A representative from the Senior Citizen Community, designated by the Secretary of Health and Social Services.
(12) A representative from the hospital community, designated by the Delaware Healthcare Association.
(13) The Chair of the Elder Law Section of the Delaware State Bar Association, or the Chair's designee.
(b) The Public Guardian shall serve as the Executive Director of the Commission to effectuate its purposes. The Public Guardian may, with the concurrence of the members, invite other individuals to participate in the Commission to advance its work.
78 Del. Laws, c. 40, §  2;  83 Del. Laws, c. 342, § 1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VII. Delaware Guardianship Commission › § 3992. Duties of the Commission.

§ 3992. Duties of the Commission.
The Commission shall advocate for the welfare of individuals who are incapacitated; shall work with advocacy groups and state agencies to promote systemic reform; recommend changes in the law, procedure and policy necessary to enhance the provision of guardianship services and the protection of those unable to protect themselves; and act as an informational resource for the public. To that end, the Commission shall meet on a quarterly basis and shall:
(1) Act in an advisory capacity to the Office of the Public Guardian, providing assistance to the Public Guardian in establishing administrative policies and procedures in the Office of the Public Guardian, and assistance in developing case acceptance priorities for the Office of the Public Guardian;
(2) Examine and evaluate the policies, procedures and effectiveness of the guardianship system, and make recommendations for changes therein, including establishing statewide standards and regulation of public and private guardianships;
(3) Conduct an annual statewide needs assessment relating to the number of individuals currently and predicted to be in need of a decision maker due to incapacity, the resources available or needed to meet that need, and to the processes utilized to meet the need;
(4) Advocate for legislation and make legislative recommendations to the Governor and the General Assembly;
(5) Develop public and professional education programs on issues relating to guardianship, alternatives to guardianship, and concerns relating to the abuse, neglect, and exploitation of individuals who are incapacitated; and
(6) Provide an annual summary of the work and recommendations of the Guardianship Commission, including the work of the Office of the Public Guardian to the Governor, the General Assembly, and the court.
78 Del. Laws, c. 40, §  2;  78 Del. Laws, c. 179, §§  121-123;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39. GUARDIANSHIP › Subchapter VII. Delaware Guardianship Commission › § 3993. Compensation.

§ 3993. Compensation.
Members of the Commission shall serve without compensation; however, they may be reimbursed, upon request, for reasonable and necessary expenses incident to their duties as members of the Commission to the extent funds are available through the Office of the Public Guardian. Members may be removed at the discretion of their appointing authority.
78 Del. Laws, c. 40, §  2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › § 39A-102. International application of Act.

§§ 39A-102. International application of Act.
The Court may treat a foreign country as if it were a state for the purpose of applying 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-103. Communication between courts.

§§ 39A-103. Communication between courts.
(a) The Court may communicate with a court in another state concerning a proceeding arising under this chapter. The Court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the Court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
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-104. Cooperation between courts.

§§ 39A-104. Cooperation between courts.
(a) In a guardianship or protective proceeding in this State, the Court may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent;
(4) Order any appropriate investigation of a person involved in a proceeding;
(5) Forward to the Court a certified copy of the transcript or other record of a hearing under paragraph (a)(1) of this section or any other proceeding, any evidence otherwise produced under paragraph (a)(2) of this section, and any evaluation or assessment prepared in compliance with an order under paragraph (a)(3) or (a)(4) of this section;
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the Court to make a determination, including the respondent or the person who is incapacitated or a protected person;
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. § 164.504.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, the Court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
76 Del. Laws, c. 380, §  5;  78 Del. Laws, c. 179, §  126;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › § 39A-105. Taking testimony in another state.

§§ 39A-105. Taking testimony in another state.
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimony taken in another state. The Court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this State may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. The Court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this State by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
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-201. Jurisdiction.

§§ 39A-201. Jurisdiction.
The Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
1. This State is the respondent's home state;
2. On the date the petition is filed, this State is a significant-connection state and:
(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this State is a more appropriate forum; or
(B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the Court makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in the respondent's home state;
(ii) An objection to the Court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) The Court concludes that it is an appropriate forum under the factors set forth in § 39A-204 of this title;
3. This State does not have jurisdiction under either paragraph 1. or 2. of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this State is the more appropriate forum, and jurisdiction in this State is consistent with the constitutions of this State and the United States; or
4. The requirements for special jurisdiction under § 39A-202 of this title are met.
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-202. Special jurisdiction.

§§ 39A-202. Special jurisdiction.
(a) The Court lacking jurisdiction under § 39A-201 of this title has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency pursuant to § 3901 of this title for a term not exceeding 30 days for a respondent who is physically present in this State;
(2) Issue a protective order with respect to real or tangible personal property located in this State;
(3) Appoint a guardian or conservator for a person who is incapacitated or a protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to § 39A-301 of this title.
(b) If a petition for the appointment of a guardian in an emergency is brought in this State pursuant to § 3901 of this title and this State was not the respondent's home state on the date the petition was filed, the Court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
76 Del. Laws, c. 380, §  5;  78 Del. Laws, c. 179, §  127;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 39A. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT › § 39A-203. Exclusive and continuing jurisdiction.

§§ 39A-203. Exclusive and continuing jurisdiction.
Except as otherwise provided in § 39A-202 of this title, a court that has appointed a guardian or issued a protective order consistent with this Act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the Court or the appointment or order expires by its own terms.
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-204. Appropriate forum.

§§ 39A-204. Appropriate forum.
(a) The Court having jurisdiction under § 39A-201 of this title to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If the Court declines to exercise its jurisdiction under subsection (a) of this section, it shall either dismiss or stay the proceeding. The Court may impose any condition the Court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the Court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent;
(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) The length of time the respondent was physically present in or was a legal resident of this or another state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the respondent's estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) The familiarity of the court of each state with the facts and issues in the proceeding; and
(9) If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
76 Del. Laws, c. 380, §  5;