Title 12 — Decedents’ Estates and Fiduciary Relations
35 chapters · 275 sections in this title.
12 Del. C. § 4001. Definitions.
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§ 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 parti…
12 Del. C. § 4002. Purpose, scope and organization.
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§ 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 …
12 Del. C. § 4003. Administration; powers and duties.
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§ 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 particip…
12 Del. C. § 4004. Eligibility for participation and services.
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§ 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 o…
12 Del. C. § 4005. Special requests on behalf of participant.
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§ 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 purp…
12 Del. C. § 4006. Accountability.
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§ 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 Del…
12 Del. C. § 4007. Withdrawal of a participant; surplus trust funds.
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§ 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 participan…
12 Del. C. § 4008. Charitable contributions.
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§ 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, m…
12 Del. C. § 4009. Effect on participation in government programs.
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§ 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…
12 Del. C. § 4010. Exemption from creditors.
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§ 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 e…
12 Del. C. § 4011. Trust not subject to law against perpetuities, restraints on alienation.
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§ 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. La…
12 Del. C. § 4012. Short title.
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§ 4012. Short title. This chapter may be cited as the “Delaware CarePlan Trust Act.”71 Del. Laws, c. 360, § 1;