CHAPTER 222

GUARDIANS AND WARDS RELATING TO GUARDIAN APPOINTED IN A POSSESSION OR TERRITORY OF THE UNITED STATES OR FOREIGN COUNTRY

AN ACT TO AMEND CHAPTER 89 OF THE REVISED CODE OF DELAWARE, 1935, RELATIVE TO GUARDIANS AND WARDS BY PROVIDING THAT A GUARDIAN DULY APPOINTED IN A POSSESSION OR TERRITORY OF THE UNITED STATES OR IN A FOREIGN COUNTRY SHALL HAVE ALL THE RIGHTS AND POWERS OF A GUARDIAN DULY APPOINTED BY THE ORPHANS' COURT.

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

Section 1. That Chapter 89 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of 3579. Section 1. thereof and inserting in lieu thereof the following new section to be known and styled as 3579., Section 1.

3579. Sec. 1. GUARDIANS, HOW APPOINTED; GUARDIANS AD LITEM; HOW QUALIFIED; FOREIGN GUARDIANS; HOW QUALIFIED IN THIS STATE:--

Guardians shall be appointed and removed, or dismissed, by the Orphans' Court, as is provided in Chapter 118.

No person shall have any right or authority, as guardian, unless he shall have been duly appointed by said Court, or admitted by a court of law, or equity, to defend a suit as guardian ad litem.

But when a minor in any other one of the United States, any possession or territory of the United States, or in any foreign country, having property here, and a guardian there, duly appointed, such foreign guardian shall have all the rights and powers of a guardian duly appointed by the Orphans' Court, up on his recording in the office of the clerk of said Court, in either County, a certificate of his appointment, under the seal of the Court, or officer making such appointment, therein setting forth that such appointment was duly made according to the laws of such State, possession, territory or country; that such guardian has given security in due form, and the amount thereof; and that he is by the laws of such State, possession, territory or country, invested with the care and management of the estate of such minor, with authority to receive and liability as guardian to account for the same; provided, that such foreign guardian shall not be entitled to recover, or receive, any property, or things in action, of his ward, unless it appear by said certificate that he has given security in a sum at least equal to the amount of the property so demanded.

Approved June 5, 1951.