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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 39. GUARDIANSHIP
Subchapter II. Powers and Duties of Guardian

(c) The guardian of the property shall, in the name of the disabled person, do whatever is necessary for the care, preservation and increase of the disabled person's property, and shall invest the property in accordance with Chapter 33 of this title, unless investments are restricted by the Court. (5038)

(d) The guardian may petition the Court for instructions concerning the guardian's fiduciary responsibility. (5039)

(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. (5040)

(Code 1852, Sec.Sec. 1492-1494; Code 1915, Sec. 3090; 30 Del. Laws, c. 202, Sec. 1; Code 1935, Sec. 80; 43 Del. Laws, c. 208, Sec. 1; 12 Del. C. 1953, Sec. 3921; 56 Del. Laws, c. 321; 57 Del. Laws, c. 402, Sec. 3; 69 Del. Laws, c. 109, Sec. 2; 70 Del Laws, c. 186, Sec. 1.) (5041)

Sec. 3922. General powers and duties of the guardian of the person. (5042)(Text)

(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 disabled person. The Court may at any time change the powers of the guardian of the person. (5043)

(b) The guardian of the person may exercise the same powers, rights and duties respecting the care, maintenance and treatment of the disabled person that a parent has respecting the parent's own unemancipated minor child, except that the guardian of the person is not liable to third persons for acts of the disabled person solely by reason of the guardianship relationship. Except as modified by the order of guardianship and without qualifying the foregoing, a guardian of the person has the following powers and duties: (5044)

(1) To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the disabled person, the guardian is entitled to custody of the disabled person and may establish the disabled person's place of abode within or without this State. The guardian may not waive any right of the disabled person respecting involuntary commitment to any facility for the treatment of mental illness or deficiency. (5045)

(2) If entitled to custody of the disabled person, the guardian shall make provision for the care, comfort and maintenance of the disabled person and, if appropriate, arrange for the disabled person's training and education. Without regard to custodial rights of the disabled person, the guardian shall take reasonable care of the disabled person's clothing, furniture, vehicle and other personal effects in the immediate possession of the disabled person and commence guardianship of the property proceedings if other property of the disabled person is in need of protection. (5046)

(3) The guardian may give such consent or approval as may be necessary to enable the disabled person to receive medical or other professional care, counsel, treatment or service and shall have power to authorize release of medical records. The guardian shall not unreasonably withhold such consent or approval nor withhold such consent or approval on account of personal beliefs held by the guardian or the disabled person, but shall take such action as the guardian objectively believes to be in the best interest of the disabled person. (5047)

(c) A guardian of the person of a disabled person for whom a guardian of the property also has been appointed shall control the custody and care of the disabled person and is entitled to receive reasonable compensation for the guardian's services and for room and board furnished to the disabled person as approved by the Court. Compensation of the public guardian shall be governed by Sec. 3991 of this title. The guardian of the person may request the guardian of the property to make payment to third parties or institutions for the disabled person's care and maintenance. (5048)

(d) The guardian of the person shall not be required to expend the guardian's own money for the support or care of the disabled person. (5049)

(69 Del. Laws, c. 109, Sec. 2; 70 Del Laws, c. 186, Sec. 1.) (5050)

Sec. 3923. Powers of the guardian of the property. (5051)(Text)

(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 Sec. 3901 of this title. (5052)

(b) The Court may, at the time of the appointment of the guardian of the property, or later, transfer custodial control over all the estate of the disabled person to such guardian or the Court may transfer only certain specified assets of the estate of the disabled person to the guardian of the property for protection. (5053)

(c) Unless restricted by the Court, a guardian of the property has power without Court authority or confirmation to invest and reinvest personal property of the estate as provided by Chapter 33 of this title governing fiduciary relationships. (5054)

(d) Except as modified by the order of guardianship, the guardian of the property may act without Court authorization or confirmation to reasonably accomplish the purpose for which the guardian is appointed to: (5055)

(1) Collect, hold and retain assets in the estate until, in the guardian's judgment, disposition of the assets should be made. Assets may be retained even though they include an asset in which the guardian is personally interested; (5056)

(2) Receive additions to the estate; (5057)

(3) Invest and reinvest estate assets in accordance with subsection (c) of this section; (5058)

(4) Deposit estate funds in a bank, including a bank operated by the guardian of the property; (5059)

(5) Sell or exercise stock, subscription or conversion rights or consent directly or through a committee or other agent to the reorganization, consolidation, merger, dissolution or liquidation of a corporation or other business enterprise; (5060)

(6) Vote directly or by proxy in any election or stockholder's meeting any share of stock in the estate including power to vote shares issued by the guardian of the property; (5061)

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