Subchapter VI. Public Guardian
TITLE 12
Decedents' Estates and Fiduciary Relations
Fiduciary Relations
CHAPTER 39. GUARDIANSHIP
Subchapter VI. Public Guardian
§ 3991. Office established; appointment; term; salary; bond.
There is established the office of the Public Guardian. The Chancellor shall appoint the Public Guardian, who shall serve at the Chancellor's pleasure. The salary of the Public Guardian shall be set by the General Assembly, to be paid from the General Fund. The Chancellor, in the Chancellor's discretion, may require the Public Guardian to post bond.
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.;
§ 3992. Powers and duties.
The Public Guardian, when appointed as guardian by Court order, shall serve as a guardian of the person or property, or both, of persons who are disabled for reasons other than minority.
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.;
§ 3993. Allocation of costs.
(a) If a 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 disabled person. However, if at any time the Court determines that the income or the estate of the disabled person can support the payment of any part of those costs, the Court may enter an order charging that part of the payment of cost against the income or the estate.
(b) If a Public Guardian has been appointed guardian of the person or of the property, all administrative costs and all costs incurred in the appointment procedure shall be paid initially from the General Fund. If the Court enters an order charging any part of those costs against the income or estate of the disabled person, the Public Guardian shall reimburse the General Fund from 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.;
§ 3994. Court costs.
In any proceeding for appointment of a Public Guardian, or in any proceeding involving the estate of a disabled person for whom a Public Guardian has been appointed guardian of the person or of the property, the Court may waive any court costs or filing fees.
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.;
§ 3995. Staff; budgeting and finance.
(a) The Public Guardian may appoint subordinates to assist in carrying out the purposes of this subchapter. Subordinates shall include, but not be limited to, such nonprofit organizations as the Public Guardian shall deem to be qualified in carrying out the duties as a subordinate guardian.
(b) The Public Guardian shall prepare an annual fiscal budget for the operation of the office of Public Guardian for the consideration of the General Assembly. The office of 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 disabled person 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.;
§ 3996. Periodic review.
Beginning 6 months from the date of any guardianship order, the Court shall review the case and status of such person every 6 months thereafter to determine whether or not such guardianship should be continued.
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.;
§ 3997. Annual report.
The Public Guardian shall make an annual report to the Chancellor and the General Assembly of the operations of the office, and render such other reports as the Chancellor or General Assembly may from time to time request or as may be required by law.
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.;