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

(e) For other persons serving as guardian of the property of a disabled person, the Court of Chancery shall from time to time promulgate a rule fixing the method by which guardians of the property other than qualified guardians may be allowed compensation for their services. (5157)

(f) Upon proper showing, the Court of Chancery may fix or allow greater compensation than that set forth in the fee schedule of a qualified guardian or that allowed by rule of the Court of Chancery, whichever is applicable, where the compensation provided in the fee schedule of a qualified guardian or that allowed by rule of the Court of Chancery, whichever is applicable, is inadequate because the duties of the guardianship are substantially greater than those for a typical guardianship of its size or under extraordinary circumstances. (5158)

(76 Del. Laws, c. 90, Sec. 11.) (5159)

(5160)

Decedents' Estates and Fiduciary Relations Fiduciary Relations (5161)

Subchapter III. Accounting and Settlement (5162)(Text)

Sec. 3941. Guardian's duty to account. (5163)(Text)

(a) A guardian of the property shall fully account, in accordance with this subchapter, for all the money, effects and property of the disabled person which the guardian has received, but a guardian of the person shall have no duty to account or otherwise report to the Court, except as provided by order of the Court. (5164)

(b) The personal representative of a guardian who dies in office shall, upon appointment as personal representative, advise the Court of Chancery and the next of kin of the disabled person of the death of the guardian and thereafter assume the duties of the guardian until a successor guardian is appointed. The personal representative shall file a petition for the appointment of an appropriate successor guardian within 60 days of being appointed personal representative if no other interested party has filed such a petition. The personal representative shall render to the Court an account of the decedent's guardianship (including such period of time the personal representative performed the duties of the guardian prior to appointment of a successor guardian) within 3 months of the grant of letters testamentary or letters of administration. (5165)

(Code 1852, Sec. 1496; 21 Del. Laws, c. 293, Sec.Sec. 1-3; Code 1915, Sec. 3092; Code 1935, Sec. 3582; 12 Del. C. 1953, Sec. 3941; 69 Del. Laws, c. 109, Sec. 2; 70 Del Laws, c. 186, Sec. 1.) (5166)

Sec. 3942. Filing, adjusting and settling guardian's accounts. (5167)(Text)

All guardians' accounts shall be filed with and be adjusted and settled by the Court of Chancery by which such guardians were appointed. (5168)

(22 Del. Laws, c. 444, Sec. 1; Code 1915, Sec. 3091; Code 1935, Sec. 3581; 12 Del. C. 1953, Sec. 3942; 57 Del. Laws, c. 402, Sec. 3; 69 Del. Laws, c. 109, Sec. 2.) (5169)

Sec. 3943. Time of filing guardian's accounts. (5170)(Text)

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 than once in 2 years, unless there is a special occasion. (5171)

(Code 1852, Sec. 1495; 21 Del. Laws, c. 293, Sec.Sec. 1-3; Code 1915, Sec. 3092; Code 1935, Sec. 3582; 12 Del. C. 1953, Sec. 3943; 57 Del. Laws, c. 402, Sec. 3; 69 Del. Laws, c. 109, Sec. 2.; 70 Del Laws, c. 186, Sec. 1) (5172)

Sec. 3944. Failure to file account; extension of time for filing. (5173)(Text)

(a) The Court may excuse the filing of an account or accounts required under Sec. 3941 of this title for cause shown or if waived by (5174)

(1) If the disabled person has a will, all of those persons who would be entitled to the residue of the disabled person's estate if the disabled person died at the time any such accounting would otherwise be required or was required to be filed or (5175)

(2) If the disabled person has no will, all of those persons who would be entitled to the real and personal property of the disabled person if the disabled person died at the time any such accounting would otherwise be required or was required to be filed, intestate and a resident of the State. (5176)

The Court may also, for cause shown, extend the time for the guardian to file an account or accounts. If no account is required of the guardian pursuant to this subsection, no inventory of the guardianship estate need be filed by the guardian. (5177)

(b) If a guardian fails to account when due, the Court shall cite such guardian therefore and may compel the filing of the account by process of attachment or by imprisonment. (5178)

(Code 1852, Sec.Sec. 1497, 1498; 21 Del. Laws, c. 293, Sec.Sec. 1-3; Code 1915, Sec. 3092; Code 1935, Sec. 3582; 12 Del. C. 1953, Sec. 3944; 69 Del. Laws, c. 109, Sec. 2; 70 Del Laws, c. 186, Sec. 1; 76 Del. Laws, c. 90, Sec. 16.) (5179)

Sec. 3945. Appeals from orders adjusting and settling guardian's accounts. (5180)(Text)

Appeals from orders of the Court of Chancery adjusting or settling guardian's accounts shall be received, heard and determined by the Supreme Court. (5181)

(22 Del. Laws, c. 441, Sec. 4; Code 1915, Sec. 3095; Code 1935, Sec. 3585; 12 Del. C. 1953, Sec. 3945; 57 Del. Laws, c. 402, Sec. 3; 69 Del. Laws, c. 109, Sec. 2.) (5182)

Sec. 3946. Settlement with ward at termination of guardianship. (5183)(Text)

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 formerly disabled person or the disabled person's representatives and enforce obedience to such order. (5184)

(Code 1852, Sec. 1975; Code 1915, Sec. 3924; Code 1935, Sec. 4432; 12 Del. C. 1953, Sec. 3946; 57 Del. Laws, c. 402, Sec. 3; 69 Del. Laws, c. 109, Sec. 2; 70 Del Laws, c. 186, Sec. 1.) (5185)

Sec. 3947. Absence of disabled person from State; settlement of account. (5186)(Text)

(a) If in any case a guardian of the property shall not be able to settle with and pay to the disabled person, on the termination of the guardianship, the money due from the guardian to the disabled person, in consequence of the absence of the disabled person from this State and the place of the disabled person's residence being unknown to the guardian, the guardian may settle and pay the money into the Court of Chancery for the county in which the guardian was appointed. (5187)

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