Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 39. GUARDIANSHIP

Subchapter I. Appointment, Bond and Tenure of Guardian

§ 3901. Appointment of guardians for persons with disabilities. - (a) The Court of Chancery shall have the power to...

§ 3902. Appointment of guardian; choice by minor over 14 years of age; guardian ad litem. - (a) Except in accordance with § 925(15) of Title 10...

§ 3903. Separate guardian of the person and property. - The Court of Chancery may appoint 2 or more persons...

§ 3904. Foreign guardians of nonresidents. - (a) A guardian, conservator, committee or other similar fiduciary, appointed...

§ 3905. Guardian's bond; requirement; form and entry. - (a) Every person appointed guardian shall, unless bond and/or surety...

§ 3906. Guardian's bond; additional security; removal for noncompliance. - If it appears in any case that the guardian's bond...

§ 3907. Counter security upon petition of surety. - The Court of Chancery shall, on the petition of the...

§ 3908. Removal, resignation or death of guardian. - (a) The Court of Chancery may remove a guardian for...

§ 3909. Term of guardianship. - (a) If the only allegation of disability in the petition...

§ 3910. Receiver for property of minor; appointment, powers, accounting and bond. - (a) If a minor has real or personal property and...

Subchapter II. Powers and Duties of Guardian

§ 3921. Powers and duties of guardian; general. - (a) A guardian shall have either the care of the...

§ 3922. General powers and duties of the guardian of the person. - (a) The Court shall grant to the guardian of the...

§ 3923. Powers of the guardian of the property. - (a) The Court may limit the power of the guardian...

§ 3924. Estoppel to dispute the right to property of a person with a disability. - Neither a guardian nor the representatives of the guardian shall...

§ 3925. Transfer by guardian of corporate securities. - Upon the transfer by a guardian of a person with...

§ 3926. Exercise of rights belonging to a person with a disability. - No person dealing with the receiver of a minor or...

§ 3927. Compensation of guardian of the property. - (a) As used in this section, the term “qualified guardian”...

Subchapter III. Accounting and Settlement

§ 3941. Guardian's duty to account. - (a) A guardian of the property shall fully account, in...

§ 3942. Filing, adjusting and settling guardian's accounts. - All guardians' accounts shall be filed with and be adjusted...

§ 3943. Time of filing guardian's accounts. - Every guardian of the property shall render an account of...

§ 3944. Failure to file account; extension of time for filing. - (a) The Court may excuse the filing of an account...

§ 3945. Appeals from orders adjusting and settling guardian's accounts. - Appeals from orders of the Court of Chancery adjusting or...

§ 3946. Settlement with ward at termination of guardianship. - The Court of Chancery may order that any property in...

§ 3947. Absence of person with a disability from State; settlement of account. - (a) If in any case a guardian of the property...

Subchapter IV. Sale of Real Estate of Person with a Disability

§ 3951. Sale of real estate owned by a person with a disability. - (a) If the guardian of the property of a person...

§ 3952. Trustee's bond. - If a trustee is appointed to sell real estate of...

§ 3953. Sale on credit; security for purchase price. - In any order granted by the Court of Chancery for...

§ 3954. Proceeds of sale; payment. - The proceeds of the sale shall be personal property. Such...

§ 3955. Guardian's bond. - (a) When the proceeds shall be ordered to be paid...

Subchapter V. Investment by Court of Chancery of Fund of Minors

§ 3971. Investment power of Court of Chancery; general requirements. - (a) The Court of Chancery shall have control of money...

Subchapter VI. Public Guardian

§ 3981. Office established; appointment. - (a) There is established an Office of the Public Guardian,...

§ 3982. Definitions. - For the purposes of this chapter: (1) “Court” means the...

§ 3983. Duties of the Public Guardian. - The Public Guardian: (1) Shall establish case acceptance priorities and...

§ 3984. Staff; budgeting; finance. - The Public Guardian may appoint subordinates and delegate the appointed...

§ 3985. Court costs and allocation of costs. - In any proceeding for appointment of the Office of the...

§ 3986. Collection of guardianship fees - (a) The Public Guardian may collect fees for the provision...

§ 3987. Indemnification from liability. - No attorney, director, investigator, social worker, or other person employed...

§ 3988. Bond. - The Public Guardian shall post bond as required by the...

Subchapter VII. Delaware Guardianship Commission

§ 3991. The Guardianship Commission. - (a) The Delaware Guardianship Commission is hereby established and shall...

§ 3992. Duties of the Commission. - The Commission shall advocate for the welfare of individuals who...

§ 3993. Compensation. - Members of the Commission shall serve without compensation; however, they...