AN ACT TO AMEND SECTION 3709 OF TITLE 12, NOW RELATING TO TRUSTEES OF NON-RESIDENT MENTALLY ILL PERSONS, THE AMENDMENT TO ENCOMPASS FIDUCIARIES OF NON-RESIDENT MENTALLY ILL, AGED, OR INFIRM PERSONS.
Be it enacted by the General Assembly of the State of Delaware:
Section 1. § 3709 of Title 12 of the Delaware Code is amended to read as follows:
§ 3709. Foreign fiduciary of non-resident mentally ill, aged or infirm person; qualifications; powers, removal of property; accounting
(a) When any mentally ill, aged or infirm person in any other one of the United States has property in this State and a fiduciary, howsoever called, duly appointed in such other state, such foreign fiduciary shall have all the rights and powers of a trustee appointed by the Court of Chancery of this State upon filing for record in the office of the Register in Chancery in any county of this State, 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; that the fiduciary has given security (describing it) in due form and the amount thereof, or, if it be the case, that no security is required of the fiduciary under the laws of such state; the amount of property owned by such mentally ill, aged or infirm person in the state wherein such fiduciary was appointed; and that he is, by the laws of such state invested with the care and management of the estate of such mentally ill, aged or infirm person, with authority to receive and liability as fiduciary to account for the same. Such foreign fiduciary shall not be entitled to recover or receive any property or effects belonging to any such mentally ill, aged or infirm person, or to do any act under the laws of this State, unless such fiduciary shall first have been authorized to do so by the Court of Chancery and shall have given such security as the Court of Chancery may have ordered.
(b) The Court of Chancery may authorize such foreign fiduciary of any such mentally ill, aged or infirm person to remove any property or effects belonging to any such mentally ill, aged or infirm person to the state wherein such fiduciary was duly appointed.
(c) Whenever it appears to the satisfaction of the Court of Chancery that all the property and effects in this State, belonging to any such non-resident mentally ill, aged or infirm person, have been removed to the state wherein such fiduciary was duly appointed, and have been accounted for by him, according to the laws of the state wherein such fiduciary was duly appointed, the Court of Chancery may relieve such fiduciary from further accounting before the Court.
Approved June 2, 1960.