CHAPTER 231 - CONSERVATOR PROVIDING FOR APPOINTMENT OF A CONSERVATOR FOR PROPERTY OF PERSONS IN ARMED FORCES

AN ACT TO PROVIDE FOR THE APPOINTMENT OF A CONSERVATOR, UNDER CERTAIN CIRCUMSTANCES, FOR PROPERTY OF PERSONS SERVING IN OR WITH THE ARMED FORCES OF THE UNITED STATES.

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

Section 1. Whenever a person, hereinafter referred to as an absentee, serving in or with the armed forces of the United States, or a person serving as a merchant seaman, has been reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, besieged, or captured by an enemy, has an interest in any form of property in this State or is a legal resident of this State and has not provided an adequate power of attorney authorizing another to act in his behalf in regard to such property or interest, then, the probate court of the county of such absentee's legal domicile or of the county where such property is situated, upon petition alleging the foregoing facts and showing the necessity for providing care of the property of such absentee made by any person who would have an interest in the property of the absentee were such absentee deceased, or on the court's own motion, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, and upon good cause being shown, may, after finding the facts to be as aforesaid, appoint a conservator to take charge of the absentee's estate, under the supervision and subject to the further orders of the court.

Section 2. The court shall have full discretionary authority to appoint any suitable person as such conservator and may require such conservator to post an adequate surety bond and to make such reports as the court may deem necessary. The conservator shall have the same powers and authority as the guardian of the property of an infant or incompetent and shall be considered as an officer or arm of the court.

Section 3. At any time upon petition signed by the absentee, or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney-in-fact. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for his estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held thereunder to such executor or administrator.

Section 4. This act shall take effect immediately.

Approved April 13, 1945.