CHAPTER 227 - ORPHANS COURT

AN ACT TO AMEND CHAPTER 118 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE ORPHANS' COURT BY CONFERRING UPON SAID COURT OR ANY JUDGE THEREOF JURISDICTION TO APPOINT GUARDIANS OF THE PROPERTY OF AGED PERSONS RECEIVING OLD AGE COMPENSATION OR WHO ARE INMATES IN THE STATE WELFARE HOME, PERMITTING THE WAIVER OF GUARDIANS' BONDS WITH SURETY, PROVIDING FOR A WAIVER OF COURT COSTS AND PROVIDING FOR THE SALE OF THE PROPERTY OF ANY SUCH AGED PERSON WHO IS AN INMATE OF THE STATE WELFARE HOME TO DEFRAY THE EXPENSES INCURRED IN THE CARE AND SUPPORT OF SUCH INMATE.

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

Section 1. That Chapter 118 of the Revised Code of Delaware, 1935, be and the same hereby is amended by adding immediately following 4422 Section 7 of said Chapter a new section to be known as 4422A Section 7A as follows:

4422A Section 7A. The Orphans' Court or any Judge thereof shall also have authority upon the application of the State Old Age Welfare Commission to appoint guardians of the property of aged persons who are receiving old age assistance under the provisions of Chapter 54, or who are inmates of the State Welfare Home. Such guardianships shall continue until the death of such aged person or until the Orphans' Court or Judge thereof shall otherwise order. The Orphans' Court or Judge thereof shall have power to appoint as such guardian any state officer or agency or any member, officer, or employee of any state agency. The Orphans' Court or Judge thereof may by Order provide that the guardian so appointed need not give bond either with or without surety as otherwise required by law.

The Orphans' Court or Judge thereof shall have power upon the appointment of a guardian for an aged person who is an inmate of the State Welfare Home to provide by Order for the sale of all or any part of the property of such inmate, to defray the expenses incurred by the State Old Age Welfare Commission in the care and support of such inmate. The proceeds derived from any such sale shall be paid to the State Old Age Welfare Commission to reimburse it for the expenses incurred or to be incurred in the care and support of such inmate. Any such sale of the property of an inmate of the State Welfare Home for whom a guardian has been appointed by this section shall be made only to such extent and in such manner as to give effect to the provisions of Section 31 of Chapter 54 of the Revised Code of Delaware, 1935, with respect to the liability of the property of an inmate of the State Welfare Home for the expense incurred in the support and care of such inmate.

No fees shall be payable to the Orphans' Court or to any Clerk thereof in respect of any proceeding under this section or any proceeding in respect of the guardianship of the property of an aged person who is receiving old age assistance, or who is an inmate of the State Welfare Home. The Orphans' Court shall have power to make and promulgate such rules with respect to practice and procedure under this section as may be necessary to give effect hereto.

Approved April 8, 1941.