Delaware Code Title 12 Sec. 3905 – Guardian’s bond; requirement; form and entry
(a) Every person appointed guardian shall, unless bond and/or surety is dispensed with by the Court, become bound, with surety, to the person with a disability in a penal sum to be fixed by the Court, by a joint and several obligation, to be, with the security, approved by the Court, with condition that if the guardian or the guardian’s executors or administrators duly renders according to law just and true accounts of the guardianship and if the guardian, or the guardian’s executors or administrators, upon the termination of the guardianship, shall deliver and pay to the person with a disability, or the executors or administrators of the person with a disability all the property belonging to the person with a disability in the possession of the guardian and all that shall be due to the person with a disability from the guardian and, if the guardian shall have in all things faithfully performed and fulfilled the guardian’s duties as guardian, then the obligation shall be void.
Terms Used In Delaware Code Title 12 Sec. 3905
- Court: means the Court of Chancery. See Delaware Code Title 12 Sec. 39A-101
- Docket: A log containing brief entries of court proceedings.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: is a "guardian of the person" as that term is used in this title. See Delaware Code Title 12 Sec. 39A-101
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(b) Unless bond shall be dispensed with by the Court, no certificate of guardianship shall be issued by the Register in Chancery until such bond conforming to the order of court is given and added to the guardianship docket.
(c) The Court may, at any time for good cause, waive the requirements of bond and/or surety, or reduce surety in any case where bond is required.
(d) In all cases where a public agency is the petitioner and where, in the opinion of the Court of Chancery, the resources and estate of the person for whose property a guardian is sought are insufficient to warrant the payment of costs and fees, the Court of Chancery may by order provide that the guardian so appointed need not give bond either with or without surety as otherwise required by law and may further provide that in such cases all costs and fees shall be waived.
Code 1852, §§ ?1964, 1965; Code 1915, § ?3917; Code 1935, § ?4425; 43 Del. Laws, c. 228, § ?2; 12 Del. C. 1953, § ?3907; 57 Del. Laws, c. 402, § ?5; 69 Del. Laws, c. 109, § ?2; 70 Del Laws, c. 186,, § ?1; 78 Del. Laws, c. 179, § ?95;