CHAPTER 440

FORMERLY HOUSE

BILL NO. 649

AN ACT TO AMEND TITLE 6 AND TITLE 10 OF THE DELAWARE CODE RELATING TO THE PROSECUTION AND DEFENSE OF ACTIONS BY PERSONS OF THE AGE OF EIGHTEEN YEARS OR OLDER; AND THE SETTLEMENT AND RELEASE OF CLAIMS BY PERSONS OF THE AGE EIGHTEEN YEARS OR OLDER.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Subchapter 1, Chapter 27, Part II, Title 6 of the Delaware Code, by adding thereto a new section, designated as § 2706, which new section shall read as follows:

§ 2706. Settlement and release of claims by persons of the age of eighteen years or older

Any person of the age of eighteen years or older may settle and compromise any claim, demand, or action of any nature which he may have or which may be asserted against him without the interference of a guardian, trustee, or the like, and the release and acquittal of such person shall be valid and legally effective for all intents and purposes in law or in equity and shall bind him, his heirs, executors and administrators.

Section 2. Amend Chapter 39, Part III, Title 10 of the Delaware Code, by adding a new section thereto, designated as § 3924, which new section shall read as follows:

§ 3924. Prosecution and defense of actions by persons of the age of eighteen years or older

(a) Any person of the age of eighteen years or older who is not otherwise incompetent may bring, file, prosecute, defend, litigate, settle, dismiss or otherwise compromise any action in law or in equity in any court without the interference or appointment of a guardian, guardian ad litem, next friend or other legal representative.

(b) Any person of the age of eighteen years or older who is not otherwise incompetent may be appointed by any Court as guardian ad litem, next friend or other legal representative of a person who has not reached the age of eighteen years.

Approved June 16, 1972.