CHAPTER 365

ORPHANS' COURT RELATING TO APPOINTMENT OF GUARDIAN FOR AGED, MENTALLY INFIRM OR PHYSICALLY INCAPACITATED PERSONS

AN ACT TO AMEND CHAPTER 118 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATIVE TO THE ORPHANS' COURT BY PROVIDING THAT UPON PROPER PETITION THE ORPHANS' COURT OR ANY JUDGE THEREOF SHALL HAVE JURISDICTION TO HEAR CAUSES RELATING TO ADJUDGING AGED OR MENTALLY INFIRM OR PHYSICALLY INCAPACITATED PERSONS TO BE UNABLE TO CARE FOR THEIR PROPERTY AND SHALL HAVE AUTHORITY TO APPOINT A GUARDIAN FOR THE PROPERTY OF SUCH PERSONS TO BE GOVERNED BY THE PROVISIONS OF LAW RELATING TO THE MANAGEMENT OF THE ESTATES OF INFANTS UNDER GUARDIANSHIP, AND DEPRIVING SUCH PERSONS OF THE RIGHT TO CONTRACT WITH RESPECT TO THE PROPERTY WHICH IS THE SUBJECT MATTER OF SUCH GUARDIANSHIP, DURING THE PENDENCY THEREOF.

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, as amended by 43 Delaware Laws, Chapter 227, be and the same hereby is further amended by adding immediately following 4422A. Section 7A. of said Chapter a new Section to be known as 4422B. Section 7B. as follows:

4422B. Section 7B. Whenever any person, resident in this State, by reason of advanced age or mental infirmity or physical incapacity shall be unable to manage and care for his or her property, and in consequence thereof is in danger of dissipating or losing such property, or of becoming the victim of designing persons, it shall be lawful for such person, his or her mother, father, brother, sister, husband, wife, child, next of kin, creditor, debtor, or, in the absence of such person or persons, or their inability to act, any other person, to present to the Orphans' Court of the County in which such aged or mentally infirm or physically incapacitated person resides, or to the Chancellor or a Judge of the Orphans' Court in vacation, at chambers, his or her petition, under oath, setting forth the facts, praying the Court to adjudge that such person is unable properly to manage and care for his or her property, and to appoint a guardian of the property of such person. Upon the filing of such petition, the Court shall appoint a time and place for a hearing, and shall cause at least ten days' notice thereof to be given to the person for whose property a guardian is sought, if such person is not the petitioner. If the Court, on such hearing, shall be satisfied that such person is not able, owing to advanced age or mental infirmity or physical incapacity, properly to manage and care for his or her property, then it shall be the duty of the Court to enter a decree accordingly and to appoint a guardian of such person's property. In all matters relating to the appointment, qualification, duties and liability to account, such guardian shall be governed by all of the applicable provisions of law relating to the management of the estates of infants under guardianship and may be removed by the Orphans' Court upon application of the ward, or otherwise, whenever it appears that the guardianship is no longer necessary. From the time of the Court's decree appointing a guardian, such person whose property is under guardianship shall be under disability to contract with regard to the property forming the subject matter of the guardianship, during the pendency thereof.

Approved June 21, 1951.