Title 12, Decedents’ Estates and Fiduciary Relations

§ 3905. Guardian’s bond; requirement; form and entry. (a) Every person appointed guardian shall, unless bond and/or surety is dispensed with by the Court, become bound, with surety, to the person with a disability in a penal sum to be fixed by the Court, by a joint and several ob…

§ 3906. Guardian’s bond; additional security; removal for noncompliance. If it appears in any case that the guardian’s bond is insufficient, the Court of Chancery shall order the guardian to give further security and, if such order is not complied with, shall remove the guardian …

§ 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…

§ 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 t…

§ 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 t…

§ 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 …

§ 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…

§ 3922. General powers and duties of the guardian of the person. (a) The Court shall grant to the guardian of the person such powers, rights and duties which are necessary to protect, manage and care for the person with a disability. The Court may at any time change the powers of…

§ 3923. Powers of the guardian of the property. (a) The Court may limit the power of the guardian of the property as conferred on the guardian herein, or may confer any additional power which the Court itself could exercise under § 3901 of this title. (b) The Court may, at the ti…

§ 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 re…

§ 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 publi…

§ 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 clai…

§ 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…

§ 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 …

§ 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, § …

§ 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 th…

§ 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 enti…

§ 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, § 3…

§ 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 w…

§ 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 pe…

§ 3951. Sale of real estate owned by a person with a disability. (a) If the guardian of the property of a person with a disability wishes to sell real estate owned by the person with a disability, then the guardian shall apply to the Court of Chancery for the authority to sell th…

§ 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. …

§ 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 pay…

§ 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 disabi…

§ 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…

§ 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, …

§ 3981. Office established; appointment [For application of this section, see 85 Del. Laws, c. 137, § 12]. (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 wh…

§ 3982. Definitions [For application of this section, see 85 Del. Laws, c. 137, § 12]. 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 …

§ 3983. Duties of the Public Guardian. The Public Guardian: (1) Shall establish case acceptance priorities and other administrative policies and procedures in consultation with the Guardianship Commission. (2) Shall receive referrals and recommendations regarding individuals who …

§ 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 …

§ 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, …

§ 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 pers…

§ 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 indemnificat…

§ 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…

§ 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 Commissi…

§ 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 provisi…

§ 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…