TITLE 12

Decedents' Estates and Fiduciary Relations

Fiduciary Relations

CHAPTER 39. GUARDIANSHIP

Subchapter VII. Delaware Guardianship Commission


(a) The Delaware Guardianship Commission is hereby established, and shall be known as the "Guardianship Commission.'' The Commission shall consist of 12 members and shall be staffed by the Office of the Public Guardian. The Guardianship Commission shall be comprised of the following:

(1) One member from the Court of Chancery, designated by the Chancellor;

(2) A representative from the Department of Justice, designated by the Attorney General;

(3) The Director of the Guardianship Monitoring Program, or the Director's designee;

(4) One member of the House of Representatives, designated by the Speaker of the House;

(5) One member of the Senate, designated by the President Pro Tempore of the Senate;

(6) The Director of the Division of Services for Aging and Adults with Physical Disabilities, or the Director's designee,

(7) The Director of the Division of Substance Abuse and Mental Health, or the Director's designee;

(8) The Director of the Division of Developmental Disabilities Services, or the Director's designee;

(9) The Secretary of the Department of Health and Social Services, or the Secretary's designee.

(10) A representative from the Disability Community, designated by the Secretary of Health and Social Services;

(11) A representative from the Senior Citizen Community, designated by the Secretary of Health and Social Services;

(12) A representative from the hospital community, designated by the Delaware Healthcare Association.

(b) The Public Guardian shall serve as the Executive Director of the Commission to effectuate its purposes. The Public Guardian may, with the concurrence of the members, invite other individuals to participate in the Commission to advance its work.

78 Del. Laws, c. 40, § 2.;

The Commission shall advocate for the welfare of individuals who are incapacitated; shall work with advocacy groups and state agencies to promote systemic reform; recommend changes in the law, procedure and policy necessary to enhance the provision of guardianship services and the protection of those unable to protect themselves; and act as an informational resource for the public. To that end, the Commission shall meet on a quarterly basis and shall:

(1) Act in an advisory capacity to the Office of the Public Guardian, providing assistance to the Public Guardian in establishing administrative policies and procedures in the Office of the Public Guardian, and assistance in developing case acceptance priorities for the Office of the Public Guardian;

(2) Examine and evaluate the policies, procedures and effectiveness of the guardianship system, and make recommendations for changes therein, including establishing statewide standards and regulation of public and private guardianships;

(3) Conduct an annual statewide needs assessment relating to the number of individuals currently and predicted to be in need of a decision maker due to incapacity, the resources available or needed to meet that need, and to the processes utilized to meet the need;

(4) Advocate for legislation and make legislative recommendations to the Governor and the General Assembly;

(5) Develop public and professional education programs on issues relating to guardianship, alternatives to guardianship, and concerns relating to the abuse, neglect, and exploitation of individuals who are incapacitated; and

(6) Provide an annual summary of the work and recommendations of the Guardianship Commission, including the work of the Office of the Public Guardian to the Governor, the General Assembly, and the court.

78 Del. Laws, c. 40, § 2; 78 Del. Laws, c. 179, §§ 121-123.;

Members of the Commission shall serve without compensation; however, they may be reimbursed, upon request, for reasonable and necessary expenses incident to their duties as members of the Commission to the extent funds are available through the Office of the Public Guardian. Members may be removed at the discretion of their appointing authority.

78 Del. Laws, c. 40, § 2.;