CHAPTER 208 - GUARDIANS AND WARDS RELATING TO POWERS OF GUARDIANS

AN ACT IN RELATION TO POWERS OF GUARDIANS; DISPUTE OF WARD'S TITLE PROHIBITED; EXCEPTION; COURT MAY APPOINT TWO GUARDIANS; BEING AN AMENDMENT TO CHAPTER 89 OF THE REVISED CODE OF THE STATE OF DELAWARE (1935)."

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Section 2 of Chapter 89 of the Revised Code of Delaware (1935), being Section 3580 of said Code, be and the same is hereby amended by striking out and repealing all of 3580 of Section 2 of said Chapter 89, as contained in the Revised Code of Delaware (1935), and inserting in lieu thereof the following new section to be known and styled as 3580. Section 2:

3580. Section 2. Powers of Guardians; Dispute of Ward's Title Prohibited; Exception; Court May Appoint Two Guardians: A guardian shall have the care of his ward's person, and the possession and management of his real and personal property; and shall have authority to receive all debts, rents and things in action due the ward; to sell personal property of the ward; and the receipts and discharges of the guardian, made in good faith, in the premises shall be valid.

He shall be admitted to sue and defend for his ward.

Neither he, nor his representatives, shall dispute the ward's right to any property which shall come to his possession as guardian, unless such property has been recovered from him or there be a personal action pending on account of it.

Provided, however, that the Orphans' Court may, in its discretion, appoint two persons as guardians of the minor, one to have the care of the person of the minor, and the other to have possession and management of the property of the minor with all the rights and powers, and subject to all the duties respecting the property of the minor, or the Court may appoint one person guardian with all the rights and powers and subject to all the duties respecting both the person and property of the minor.

Approved April 17, 1941.